On September 24th, President Trump issued a Presidential Proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”
The Presidential Proclamation sets forth specific travel restrictions and security procedures for nationals of countries, which do not support the U.S. Government’s ability to confirm the identity of individuals seeking entry into the United States as immigrants and nonimmigrants, as well as individuals applying for any other benefit under the immigration laws.
(c) Section 2(a) of Executive Order 13780 directed a “worldwide review to identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat.” That review culminated in a report submitted to the President by the Secretary of Homeland Security on July 9, 2017. In that review, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, developed a baseline for the kinds of information required from foreign governments to support the United States Government’s ability to confirm the identity of individuals seeking entry into the United States as immigrants and nonimmigrants, as well as individuals applying for any other benefit under the immigration laws, and to assess whether they are a security or public-safety threat. That baseline incorporates three categories of criteria:
New Country-Specific Travel Restrictions
| Country | Nonimmigrant Visas | Immigrant Visas | Notes |
| Chad | B-1, B-2, B-1/B-2 entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | |
| Iran | All entries are suspended.
Exception: Entries by nationals of Iran, under valid student (F and M) and exchange visitor (J) visas, are not suspended. |
All, including Diversity Visas, are suspended. | Entry under valid student (F and M) and exchange visitor (J) visas would be subject to enhanced screening and vetting requirements. |
| Libya | B-1, B-2, B-1/B-2 entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | |
| North Korea | All nonimmigrant entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | |
| Syria | All nonimmigrant entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | |
| Venezuela | B-1, B-2, B-1/B-2 entries of officials (and their immediate family members) 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 — are suspended. | No restrictions. | Nationals of Venezuela who are visa holders would be subject to appropriate additional measures to ensure traveler information remains current. |
| Yemen | B-1, B-2, B-1/B-2 entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | |
| Somalia | All nonimmigrant entries are suspended. | All immigrant entries, including Diversity Visas, are suspended. | Visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants would 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. |
Updated List of Countries
The list of countries from the previous Executive Order 13780 (or Travel Ban 2.0), originally included Sudan, Syria, Iran, Libya, Somalia and Yemen. This Presidential Proclamation maintained modified or eased restrictions on the following countries:
- Sudan: Sudanese nationals are no longer subject to travel restrictions.
- Chad: Nationals of Chad are now subject to travel restrictions.
- North Korea: Nationals of North Korea are now subject to travel restrictions.
- Venezuela: Certain nationals of Venezuela are now subject to travel restrictions.
- Iraq: Nationals of Iraq are still not subject to travel restrictions. However, nationals of Iraq who seek to enter the United States would be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States.
Effective Date
The State Department will implement the Presidential Proclamation (PP) at U.S. embassies and consulates abroad as follows:
| Phase 1 | From 3:30 p.m. EDT on Sunday, September 24, 2017 until 12:01 a.m. EDT on Wednesday, October 18, 2017 |
| Nationals of Iran, Libya, Syria, Yemen, and Somalia | Nationals of these five countries will remain under suspension of travel except for those individuals who qualify for the bona fide “close family” exemption. “Close family” is defined as a parent, including parent-in-law, spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, and first-cousin. For all relationships, half or step status is included (e.g., “half-brother” or “step-sister”). “Close family” does not include any other “extended” family members. A credible claim of a bona fide relationship with a “U.S. entity” must be formal, documented, and formed in the ordinary course rather than for the purpose of evading suspension of entry under the PP. If the national does not qualify for this exemption, they may be eligible for other exceptions or waivers listed in the PP. |
| Nationals of Sudan | As of 3:30 p.m. EDT on Sunday, September 24, 2017, Sudanese nationals are no longer subject to travel restrictions. |
| Phase 2 | Beginning 12:01 a.m. EDT on Wednesday, October 18, 2017 |
| Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia | The exceptions and waivers listed in the PP are applicable for qualified applicants, but the bona fide relationship exception is no longer applicable.
The State Department will not cancel previously scheduled visa application appointments. In accordance with all applicable court orders, executive orders, and proclamations, for nationals of the eight designated countries, a consular officer will make a determination in the course of the interview whether an applicant otherwise eligible for a visa is exempt from the P.P. or, if not, is eligible for a waiver under the PP, and may be issued a visa. The PP provides specifically that no visas issued before its effective date will be revoked pursuant to the PP. The State Department will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way. |
NOTE: DHS and the State Department confirmed that existing visas will NOT be revoked.
Dual Nationals & Green Card Holders
The Presidential Proclamation does not restrict the travel of dual nationals who are traveling on a passport from a non-designated country.
The State Department will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from a non-designated country, even if they hold dual nationality from one of the eight restricted countries.
Lawful permanent residents or “green card” holders are also not affected by the Presidential Proclamation.
For more information, including waivers and other exceptions, please review the available links below.
Update:
- On June 26, 2018, the Supreme Court rendered a decision in Trump v. Hawaii, upholding Travel Ban 3.0 by a vote of 5 to 4, allowing the travel ban to remain in effect. Writing for the majority, Chief Justice John G. Roberts Jr. said that Mr. Trump had ample statutory authority to make national security judgments in the realm of immigration and rejected a constitutional challenge to the provisions of Travel Ban 3.0. Read more..
