Advance Advisory: New Executive Order with Revised Travel Ban Expected Shortly

We expect the Trump administration to issue a new Executive Order ("EO") to address the travel ban for countries "of concern" and moratorium on refugee admissions. While we have not yet seen a copy or final confirmation of the time for signature, we include the most likely scenario below:

1. The president will likely sign the new EO as early as Monday, March 6, 2017.
2. The administration will likely treat the new EO as one that supersedes the prior executive order, although some reports, including from the White House press secretary, have been ambiguous as to whether the administration will continue to defend the prior executive order in court actions on a "dual track." Briefing on the prior executive order and the halt on its travel ban and refugee moratorium stemming from the US District Court in Washington's decision is due to the Ninth Circuit on March 10.