On September 24, 2017, the Trump Administration announced a revision of its March 6, 2017 executive order barring nationals of certain countries from admission to the U.S. The revision adds Chad, North Korea, and Venezuela to the list of countries whose nationals are subject to travel restrictions, joining Syria, Iran, Somalia, Libya, and Yemen. The revision also removes Sudan from the ban.
Until October 18, 2017, nationals of Syria, Iran, Somalia, Libya, and Yemen who have a bona fide relationship with a person or entity in the United States will be permitted to enter the United States. Starting on October 18, 2017, the restrictions will apply in full, even to those persons with bona fide U.S. relationships.
The revised order applies to persons who:
- are outside the United States on October 18, 2017;
- do not have a valid visa on the applicable effective dates; and
- do not qualify for a visa or other valid travel document.
The revised order includes exceptions from the March 6 executive order for certain individuals, including:
- Lawful permanent residents (green card holders).
- Persons already granted status as an asylee or refugee, or granted withholding of removal, advance parole, or Convention Against Torture relief.
- Persons whose visas were marked revoked or cancelled solely due to the earlier March 6 executive order; the cancelled/revoked document will not bar entry.
- Persons with valid travel documents other than a visa, such as advance parole, a transportation letter, or appropriate boarding foil.
- Dual-nationals who travel on a passport from a country not designated in the ban.
- Persons traveling on certain valid diplomatic visas.
The revised order also specifies differing levels of country-specific restrictions:
- Nationals of North Korea and Syria will not be permitted to enter the U.S. as either immigrants (that is, lawful permanent residents, or green card holders) or nonimmigrants (such as B-1/B-2 visitors, F students, H-1B or L-1 workers, etc.).
- Nationals of Venezuela who are officials of Venezuelan government agencies involved in national security or public safety roles will not be permitted to enter the U.S. as nonimmigrant B-1 business or B-2 tourist visitors. Venezuelan nationals in general are subject to heightened scrutiny.
- Nationals of Iran will not be permitted to enter the U.S. as immigrants (that is, lawful permanent residents, or green card holders) or nonimmigrants, with a narrow exception for Iranians with valid student (F and M) or exchange visitor (J) visas. Iranian nationals in general are subject to heightened scrutiny.
- Nationals of Somalia will not be permitted to enter the U.S. as immigrants (that is, lawful permanent residents, or green card holders). Somalian nationals applying for nonimmigrant visas are subject to additional terrorism and security checks.
- Nationals of Chad, Libya, and Yemen will not be permitted to enter the U.S. as immigrants (that is, lawful permanent residents, or green card holders) or as nonimmigrant B-1/B-2 visitors.
The revised ban retains a provision for case-by-case waivers detailed in the March 6 executive order. The requirements for eligibility for such waivers are high. In order to be considered for a waiver of the ban, affected foreign nationals must first demonstrate the following:
- denying the applicant entry would cause undue hardship,
- the applicant is not a threat to national security or public safety, and
- the applicant’s entry is in the national interest.
The revised ban directs a review of the travel ban every 180 days. This indicates that this order is of indefinite duration, compared to the 90 day duration of the previous March 6 executive order.
In response to this new executive order, the Supreme Court of the United States delayed scheduled arguments that were to take place on October 10, 2017, related to lawsuits against the Trump Administration on the previous travel ban. The Supreme Court directed the parties in that suit to submit new arguments on the effect of this executive proclamation.
Potentially affected foreign nationals should seek the advice of an immigration attorney before traveling. Permanent residents who are outside the United States and are nationals of a travel ban country are at risk of being denied reentry to the United States, even though they may hold facially valid and unexpired green cards. Such persons should make arrangements to immediately return to the United States well before October 18, 2017. Permanent residents who might be affected by the ban should also curtail all travel outside the United States on or after October 18, 2017 until consulting with an immigration attorney. Contact your team at Jackson & Hertogs if you require a consultation.
