President Trump has issued another update to the travel ban first introduced on January 27, 2017 and reissued on March 6, 2017. Presidential Proclamation 9645 Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats contains two major changes: 1) the addition of three more countries; and 2) the elimination of any automatic expiration date for the bans. The new country-specific travel ban is valid indefinitely, although federal agencies will be required to assess the ban every 180 days and recommend whether to continue it, with or without change.
Who IS Subject?
The new travel ban becomes effective October 18, 2017. The ban is, however, effective immediately for nationals of Iran, Libya, Somalia, Syria and Yemen who do not have a bona fide relationship with a US person or entity.
The travel ban applies to individuals of the designated countries who: are outside of the United States on October 18, 2017; do not have a valid visa on that date; and do not qualify for a reinstated visa or other travel document that was revoked under the earlier travel ban (Executive Order 13769).
Individuals who can demonstrate that denial of entry would cause undue hardship, that they would not pose a threat to US national security or public safety, and that their admission would be in the country’s national interest may qualify for a waiver.
Who Is NOT Subject?
The new travel ban does not apply to:
- US lawful permanent residents;
- Individuals admitted to or paroled into the United States on or after October 18, 2017;
- Those with a document other than a visa that allows them to travel to the United States if the document is dated on/after October 18, 2017;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals traveling on diplomatic visas, NATO visas, C-2/UN visas, or G-1, G-2, G-3 or G-4 visas; and
- Individuals: granted asylum; refugees already admitted to the United States; or individuals granted withholding of removal, advance parole, or protection under the Convention Against Torture.
For refugees, the 120-day suspension of the entire refugee program persists. Only those refugees with a bona fide relationship with a US person or entity are exempt from the ban.
In connection with the previous travel ban, the US Supreme Court has issued orders removing "Trump v. IRAP and Trump v. Hawaii" from the oral argument calendar and directing the parties to file briefs addressing whether, or to what extent, this new travel ban render these cases moot.
Jennifer Cory, head of Womble Carlyle’s Business Immigration Solutions practice, advises that employers may have nonimmigrant staff who would be eligible to enter the DV lottery even though they would not qualify for an employment-based immigrant visa. Her team can answer questions about the DV registration process or assist with the immigrant process if an individual is selected.