Travel Ban, Version 3.0
/When it comes to the Presidential Proclamation revealed late last evening, there's just one way to describe it--- complicated.
The Presidential Proclamation
The revised travel ban, issued in March, expired yesterday and was replaced and expanded by a new Presidential Proclamation.
The March 6th Executive Order (the second Travel Ban installation) instructed the Department of Homeland Security (DHS) to develop a set of criteria to evaluate the information-sharing practices, policies, and capabilities of foreign governments on a worldwide basis. At the end of that review, which included a 50-day period of engagement with foreign governments aimed at improving their information sharing practices, seven countries’ information sharing practices were classified as “inadequate.”
As a result of that review, President Trump decided to impose restrictions on the entry of nonimmigrants and immigrants who are nationals of seven countries. The President also deemed it necessary to impose restrictions on one “at risk” country whose deficiencies in its information sharing practices poses a national security risk to the United States.
The Proclamation does not include information on how applicants applying for adjustment of status (I-485s) will be treated. Since these applicants are already in the United States, they may not be subjected to the bar on immigrant visas, but that detail is not noted in the FAQs or the Proclamation itself.
More Countries Added to Restricted List
Beginning on October 18th, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad, and North Korea will have restrictions imposed that will limit the issuance of immigrant and nonimmigrant visas. Sudan was removed from the list.
Nationals of the eight countries are subject to various travel restrictions per the following list (useful chart version).
Chad
No B-1, B-2, and B-1/B-2 visas
No immigrant or diversity visas
Iran
No nonimmigrant visas except F, M, and J student visas
No immigrant or diversity visas
Libya
No B-1, B-2, and B-1/B-2 visas
No immigrant or diversity visas
North Korea
No nonimmigrant visas
No immigrant or diversity visas
Syria
No nonimmigrant visas
No immigrant or diversity visas
Venezuela
No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members.
No restrictions on immigrant visas
Yemen
No B-1, B-2, and B-1/B-2 visas
No immigrant or diversity visas
Somalia
No nonimmigrant visas
No immigrant or diversity visas
Tiered Implementation
The Presidential Proclamation (P.P.) will be rolled out at US embassies and consulates abroad in the following order:
Phase 1: From 3:30 p.m. EDT on Sunday, September 24, 2017 until 12:01 a.m. EDT on Wednesday, October 18, 2017, Nationals of Iran, Libya, Syria, Yemen, and Somalia will remain under suspension of travel except for those individuals who qualify for the bona fide “close family” exemption.
Phase 2: Beginning 12:01 a.m. EDT on Wednesday, October 18, 2017, Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia will be subject to the various travel restrictions noted on the chart above. The exceptions and waivers listed in the P.P. are applicable for qualified applicants, but the bona fide relationship exception is no longer applicable. Previously issued visas will not be revoked as a result of this Proclamation.
Those subject to exclusion from the US include foreign nationals of the designated countries who:
- Are outside the United States on the applicable effective date;
- Do not already have a valid visa on the applicable effective date; and
- Do not qualify for a visa or other valid travel document under section 6(d) of the proclamation.
Those NOT subject to admission bars include:
- Any lawful permanent resident of the United States (green card holder);
- Any foreign national who is admitted to or paroled into the United States on or after the applicable effective date;
- Any foreign national who has a document other than a visa -- such as a transportation letter, an appropriate boarding foil, or an advance parole document -- valid on the applicable effective date or issued on any date after, that permits him or her to travel to the United States and seek entry or admission;
- Any dual national of a country designated under section 2 of this proclamation when the individual is traveling on a passport issued by a non-designated country;
- Any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa;
- Any foreign national who has been granted asylum by the United States; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
What About Dual Nationals?
The Proclamation does not restrict the travel of dual nationals, so long as they are traveling on the passport of a non-designated country.
U.S. embassies and consulates around the world will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from a non-designated country, even if they hold dual nationality from one of the eight restricted countries.
I'm on the List, Can I Travel With a Green Card?
The Proclamation states that it exempts lawful permanent residents of the United States. However, we urge clients to exercise caution when traveling out of the U.S. and to, at minimum, confirm that all travel documents are in good order and valid for at least 6 months after your scheduled return date.
How Long, Travel Ban?
The term of the latest ban appears to be indefinite. The new country restrictions do not appear to have a hard cutoff date. Instead, if the head of the DHS finds at “any time” that a nation meets the baseline standards, that the country has an “adequate plan” to provide the information, or that any of the restrictions aren’t necessary anymore, the DHS secretary can recommend the “removal or modification” of the restrictions.
Oral arguments were scheduled for October 10th on the issue of the constitutionality of the travel restrictions. However, in a one page order today, the Supreme Court announced that it was cancelling the slated arguments in light of the new ban. The Court will, instead, seek briefs on whether the issue is now moot.