DHS Implementation of Executive Order #13769 "Protecting the Nation From Foreign Terrorist Entry Into the United States" (January 27, 2017)

We determined that that U.S. Customs and Border Protection (CBP) was caught by surprise when the President issued the Executive Order (EO) on January 27, 2017. DHS had little opportunity to prepare for and respond to basic questions about which categories of travelers were affected by the EO. We found that the bulk of travelers affected by the EO who arrived in the United States, particularly Lawful Permanent Residents (LPR), received national interest waivers. In addition, we observed that the lack of a public or congressional relations strategy significantly hampered CBP and harmed its public image. While the media reported instances of misconduct, we did not substantiate any claims of misconduct on the part of CBP Officers at the ports of entry. Regarding the Department’s compliance with multiple federal court orders that were issued between the January 27, 2017 release of the EO and the February 3, 2017 nation-wide injunction in Washington v. Trump, we found that at the ports of entry, CBP largely complied with court orders, albeit with some delay and confusion as to the scope of some orders. But while CBP complied with court orders at U.S. ports of entry as to travelers who had already arrived, CBP was aggressive in preventing affected travelers from boarding aircraft bound for the United States. We believe those actions violated two separate court orders that enjoined CBP from this activity.