Travel Ban

On June 26, the Supreme Court announced its 5-4 decision in Trump v. Hawaii to uphold the Travel/Muslim Ban, but the court also sent the case back to the lower courts “for such further proceedings as may be appropriate.” 

For questions and concerns:

History

On September 24, the Trump Administration announced its third iteration of a travel ban barring entry to the United States of individuals from a group of Muslim-majority countries with a few exceptions. The third travel ban went into effect October 18, 2017.

The first travel ban announced in January 2017 caused confusion and chaos. After a federal court blocked the executive order, the president signed a second order on March 6, 2017  (Executive Order 13769) that banned travelers from six countries: Iran, Libya, Somalia, Sudan, Yemen and Syria. That order was also challenged in court.
 
The third iteration of the travel ban was issued by presidential proclamationChad, North Korea and Venezuela were added to the six countries listed in the second ban. The White House removed Chad from the ban in April 2018.

Important to Know

What countries are included in the travel ban?

Iran Suspends the entry of immigrants and all nonimmigrants, except F (student), M (vocational student) and J (exchange visitor) visas, though they will be subject to enhanced screening and vetting requirements. 
Libya Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2). 
North Korea Suspends the entry of all immigrants and nonimmigrants.
Somalia Suspends the entry of immigrants, and requires enhanced screening and vetting of all nonimmigrants. 
Syria Suspends the entry of all immigrants and nonimmigrants.
Venezuela Suspends the entry of certain government officials and their immediate family members on business or tourist visas (B-1/B-2). The ban does not apply to other individuals.
Yemen Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2). 

Sudan, Chad, and Iraq were also included in the various travel bans, but they were later removed.

Who is barred from entering the United States under the travel ban?

Unless there is an exemption or an individual is eligible for a waiver, the travel ban restrictions apply to individuals in the designated countries who are:

  • Outside the United States on the effective date (Oct. 18);
  • Did not have a valid visa on the effective date (Oct. 18);
  • Did not qualify for a reinstated visa or other travel document that was revoked under the March 6 executive order.

 Who is exempt from travel ban?

  • Individuals who are lawful permanent residents of the United States.
  • Individuals admitted to or paroled into the U.S. on or after the effective date (Oct. 18) of the travel ban.
  • Those with a document (not a visa) that allows them to travel to the U.S. if the document is dated on or after Oct. 18 (for example, an advance parole travel document)
  • Dual-nationals traveling on a passport for a non-designated country.
  • Individuals traveling on diplomatic visas, NATO visas, C-2/UN visas, or G-1, G-2, G-3, G-4 visas.
  • People granted asylum
  • Refugees already admitted to the United States or granted withholding of removal, advance parole or protection under the Convention Against Torture.

Are waivers available?

Case-by-case waivers are available only for people who can show:

  • that being denied entry would cause undue hardship;
  • that their entry does not pose a threat to U.S. national security or public safety; and
  • that their entry would be “in the national interest.”

Media coverage (Reuters, Washington Post and more), however, has stated that only a limited number of waivers have been approved.

The ban is indefinite

While previous versions of the travel bans were limited, the most recent proclamation that the Supreme Court upheld is indefinite and “condition based.”

Most people who will be affected by the new travel ban are in Muslim-majority countries. Advocacy groups say Venezuela and North Korea were likely included in the travel ban to prevent legal challenges. During his campaign, the president said he wanted to ban Muslims from entering the United States and his first two travel bans focused on predominantly Muslim countries. Very few North Koreans travel to the United States and the restrictions on Venezuela apply only to certain government officials and their families.

Litigation Update

On June 26, 2018, the Supreme Court announced its 5-4 decision in Trump v. Hawaii to uphold the travel ban, but the court also sent the case back to the lower courts “for such further proceedings as may be appropriate.” The majority opinion stated that the Proclamation was “squarely within the scope of Presidential authority under the INA (Immigration and Nationality Act).”

The court had previously allowed the travel ban to go into effect while the justices deliberated, and this decision means the ban will remain in effect indefinitely.