US Presidential Proclamation Alters Travel Ban

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Date:
12 Oct 2017

The United States is restricting travel for citizens of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. These are the result of the government’s review of worldwide visa security measures ordered in the travel ban issued on 6 March 2017.

By:
Geetha Nadiminti Adinata, Loren Locke

Firm: FordHarrison

The White House issued a Presidential Proclamation on 24 September 2017, that imposes new travel restrictions on Iran, Libya, Yemen, Somalia, and Syria, as well as newly-added countries North Korea, Chad, and Venezuela. The new restrictions are the result of the government’s review of worldwide visa security measures ordered in the Executive Order Number 13780 of 6 March 2017. Parts of the Proclamation went into effect immediately, and the rest will go into effect on 18 October 2017.

Nationals of the following countries are subject to the following restrictions on their travel to the United States:

 

Country

Non-immigrant Visas

Immigrant and Diversity Visas

CHAD

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

IRAN

No non-immigrant visas, except F, M, and J student and exchange visitor 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 non-immigrant visas

No immigrant or diversity visas

SYRIA

No non-immigrant visas

No immigrant or diversity visas

VENEZUELA

No B-1, B-2 or B-1/B-2 visas for certain government officials and their families

[No restrictions]

YEMEN

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

SOMALIA

Visas available, but subject to enhanced screening and vetting

No immigrant or diversity visas

Iraq

Iraqi nationals are not subject to travel restrictions, but may be subject to heightened scrutiny when applying for visas and seeking admission.

Sudan

Sudan has been removed from the list of countries subject to restrictions in the 6 March travel ban, but Sudanese nationals may be subject to heightened scrutiny.

Certain foreign nationals are not subject to the travel restrictions. These include lawful permanent residents of the US; dual nationals traveling on a passport from a non-restricted country; and foreign nationals who were present in the US or who held a valid visa on the Proclamation’s applicable effective date. Also exempt are those already granted asylum in the US or protected under several other humanitarian categories.

The Department of State and the Department of Homeland Security can grant waivers of the travel restrictions on a case-by-case basis. While the Proclamation describes numerous examples where a waiver may be appropriate, the process to get a waiver and the prospects of success are still unknown.

The new restrictions will be in place indefinitely, but may be modified or terminated in the future. The Supreme Court has not yet decided on the constitutionality of the Trump Administration's 6 March travel ban, and the new proclamation has prompted the Court to postpone oral argument while it considers whether the Proclamation makes the case moot.