Travel Ban 3 upheld by U.S. Supreme Court

The Supreme Court upheld President Trump’s September 24, 2017 Proclamation (Travel Ban 3.0), which currently excludes nationals from seven countries, stating that the proclamation was “squarely within the scope of Presidential authority under the INA.” (Trump v. Hawaii, 6/26/18)

As a result of this review, the following countries were deemed to have inadequate identity management protocols, information sharing practices and risk factors: Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen. While it was also determined that Iraq did not meet the baseline requirements, nationals of Iraq will not be subject to any outright ban on travel, but will be subject to additional screening measures.

Currently, nationals of seven countries, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen are subject to various travel restrictions contained in Presidential Proclamation 9645, as outlined in the following table, subject to exceptions and waivers set forth in in the Proclamation.

 

 

 

 

 

 

 

 

 

 

Exemptions: The travel restrictions in the proclamation do not apply to:

  • • lawful permanent residents;
  • • foreign nationals who are admitted to or paroled into the U.S. on or after the applicable effective date;
  • • foreign nationals who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;
  • • Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;
  • • Foreign nationals traveling on a diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3, or G-4 visa; or
  • • Foreign nationals who have been granted asylum in the U.S., refugees who have been admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Waivers: A waiver may be granted if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that:

(a) Denying entry would cause the foreign national undue hardship;

(b) Entry would not pose a threat to the national security or public safety of the U.S.; and

(c) Entry would be in the national interest.

 

For more information on Travel Ban 3,

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