Presidential Proclamation Restricts Travel from 8 Countries
A Presidential Proclamation that affects travel into the U.S. by some citizens of eight countries was issued on September 24, 2017. Since then, there have been legal challenges and U.S. district court rulings that blocked enforcement until the constitutionality of the proclamation is resolved. UPDATE: On December 4th, the Supreme Court issued an order that allows full enforcement of the travel restrictions while a decision is pending.
Article Updates
Yesterday, December 4, 2017, the Supreme Court issued an order that allows the full enforcement of the travel restrictions. This means that the preliminary injunctions that blocked enforcement of the Proclamation, granted by U.S. district courts in Hawaii and Maryland, are no longer in effect.
What’s Next?
It is important to note that the Supreme Court ruling does not prevent the legal proceedings challenging the travel restrictions from going forward, and this is not a final ruling. Oral arguments are scheduled in the Ninth Circuit in Seattle on Wednesday, December 6 and in the Fourth Circuit in Richmond, Virginia, on Friday, December 8.
Yesterday, the American Liberties Union (ACLU) tweeted:
“This is not a ruling on the merits, and we continue our fight. We are at the 4th Circuit Court of Appeals on Friday to argue that the Muslim ban should ultimately be struck down.“
Staying Informed
Information on the September 24, 2017 Presidential Proclamation 9645 restricting entry to the United Sates is continuously updated on the NAFSA website and we encourage you to refer to it on a regular basis.
Additional Information:
- New York Times, “Supreme Court Allows Trump Travel Ban to Take Effect”
- Inside Higher Ed, “Supreme Court Allows Travel Ban to Go Into Effect"
-
Klasko Immigration Law: Supreme Court Allows September 24 Entry Restrictions To Go Into Effect
ISSO Guidance
Given the provisions of the Proclamation, individuals from the affected countries are advised not to travel internationally at this time and to inform the ISSO if you know of any colleagues who are outside the United States as we monitor the situation.
Two U.S. District Courts have granted preliminary injunctions, effective October 17, 2017, to block enforcement of President Trump's Proclamation ("travel ban") for six of the eight countries:
- Chad
- Iran
- Libya
- Somalia
- Syria
- Yemen
The Proclamation's bars on North Korea and Venezuela were not included in the TRO, and remain in effect. Information about the Presidential Proclamation of September 24, 2017 is continuously updated on the NAFSA website. This information is current as of October 24, 2017.
The U.S. District Court of Hawaii issued a Temporary Restraining Order (TRO) today that blocks enforcement of the Proclamation’s bar on six of the eight countries, effective October 17, 2017. The Proclamation's bars on North Korea and Venezuela were not included in the TRO, and remain in effect. The six countries are:
- Chad
- Iran
- Libya
- Somalia
- Syria
- Yemen
See additional information on the NAFSA website.
Original Article: September 26, 2017
A Presidential Proclamation that affects travel into the U.S. by some citizens of eight countries was issued on September 24, 2017. The new rules vary by country.
Summary information has been posted on the NAFSA website. NAFSA is the premier professional association for international education. We have pasted their text below.
We will continue to monitor the situation and keep you posted as things continue to evolve and more information is issued by the Department of State and the Customs and Border Protection.
Also, you may access links to the Presidential Proclamation, news articles and a Reuters video on our Immigration Alerts and Resources page.
The eight countries subject to the Proclamation are:
- Chad
- Iran
- Libya
- North Korea
- Somalia
- Syria
- Venezuela
- Yemen
Iraq is not listed as one of the countries, but the Proclamation states that DHS recommended "that nationals of Iraq who seek to enter the United States be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States."
Countries and Conditions
Nationals of the following eight countries will generally be ineligible for a visa or for admission to the United States, unless otherwise exempt, excepted, or granted a waiver:
Chad
- Entry as an immigrant is suspended
- Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- Entry under other types of nonimmigrant visas is not suspended.
Iran
- Entry as an immigrant is suspended
- Entry of Iranian nationals “under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals should be subject to enhanced screening and vetting requirements.”
- Entry under other types of nonimmigrant visas is suspended.
Libya
- Entry as an immigrant is suspended
- Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- Entry under other types of nonimmigrant visas is not suspended.
North Korea
- Entry as an immigrant is suspended
- Entry is suspended for all nonimmigrant visa categories.
Syria
- Entry as an immigrant is suspended
- Entry is suspended for all nonimmigrant visa categories
Venezuela
- Entry is suspended for Venezuelan nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, but only for officials of government agencies of Venezuela involved in screening and vetting procedures - including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations - and their immediate family members.
- Nationals of Venezuela not subject to the above suspension should nevertheless “be subject to appropriate additional measures to ensure traveler information remains current.”
Yemen
- Entry as an immigrant is suspended
- Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- Entry under other types of nonimmigrant visas is not suspended.
Somalia
- Entry as an immigrant is suspended
- “Visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants should be subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.”
Read the NAFSA webpage for more information about:
- Effective Dates
- Exemptions and Exceptions
- Waivers
- Background