Wednesday, 8/4/2020 | 9:40 UTC+0
Libyan Newswire

Answer – Discrimination by the Trump administration incompatible with the fundamental rights guaranteed by the EU – E-000758/2017

On 6 March 2017, President Trump signed Executive Order ‘Protecting the Nation from Foreign Terrorist Entry into the United States’, which revoked Executive Order 13769 of 27 January 2017 to which the written question refers.

The new Executive Order essentially suspends for 90 days entry into the United States of most foreign nationals from six designated countries: Iran, Libya, Somalia, Sudan, Syria and Yemen. It also suspends for 120 days travel into the United States of most refugees and decisions on applications for refugee status. The ‘effective date’ of the new Executive Order was 16 March 2017. On 15 March 2017, however, a US District Court issued a temporary restraining order as a result of which the US authorities are currently prevented from enforcing the provisions of the executive order regarding travel suspensions.

In any event, the new Executive Order is less sweeping than the original and provides for a number of exceptions. For instance, it does not apply to EU citizens with dual nationality travelling with an EU passport.

The Commission will closely monitor the developments.

As regards President Trump’s Executive Order ‘Enhancing Public Safety in the Interior of the United States’ of 25 January 2017, Section 14 thereof provides: ‘Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information’.

The Commission’s preliminary analysis is that Section 14 of the Executive Order has no bearing on the EU-US Privacy Shield, given that this framework does not build on the protections provided by the US Privacy Act. The US Department of Justice officially confirmed the Commission’s reading by letter dated 22 February 2017.