June 28, 2018

U.S. Supreme Court Upholds Travel Ban 3.0

On June 26, 2018, the Supreme Court decided in a 5-4 vote to uphold Proclamation No. 9645, otherwise known as the “Travel Ban 3.0.”

As a reminder, President Trump signed Proclamation No. 9645 on September 24, 2017, expanding previous travel restrictions to three new countries: Chad, North Korea, and Venezuela. Some travel restrictions and/or enhanced screening remained in place for citizens of Iran, Iraq, Libya, Somalia, Syria, and Yemen. Travel restrictions for nationals of Sudan were lifted. Under Proclamation No. 9645 restrictions vary from country to country. The travel ban became effective on October 18, 2017. The restrictions on citizens of Chad were later removed on April 11, 2018.

In upholding the Proclamation, the Supreme Court affirms that the Department of State and/or Customs and Border Protection may continue to suspend entry to the U.S. by the following nationals:

North Korea All immigrants and nonimmigrants
Venezuela Certain government officials and their immediate family members on business or tourist visas (B-1/B-2); Other visa holders will be subject to additional security measures
Iran Immigrants and nonimmigrants

EXCEPT: F (student), M (vocational student), and J (exchange visitor) visas are permitted but will be subject to enhanced screening and vetting requirements

Libya Immigrants and temporary visitors on business or tourist visas (B-1/B-2)
Somalia Immigrants

Requires enhanced screening and vetting of all nonimmigrants

Syria All immigrants and nonimmigrants
Yemen Immigrants and temporary visitors on business or tourist visas (B-1/B-2)
Iraq Requires enhanced screening of all foreign nationals seeking to enter the United States

Nationals of the designated countries will be subject to the restrictions if they were outside of the U.S. on the applicable effective date, do not have a valid visa on the applicable effective date, and do not qualify for a reinstated visa or travel document that was revoked under the first travel ban (Executive Order 13769).

The travel ban does not apply to: lawful permanent residents (“green card” holders); individuals admitted to or paroled into the U.S. on or after the effective date of the Travel Ban 3.0; those with a document other than a visa that allows them to travel to the U.S. if the document is dated on/after the effective date of the travel ban (i.e. advance parole travel document); dual-nationals traveling on a passport from a non-designated country; individuals traveling on diplomatic visas (NATO, C-2, G-1, G-2, G-3, or G-4 visas); 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.

A case-by-case waiver is available if a national from a designated country demonstrates:

1) that being denied entry would cause undue hardship to the individual,

2) that their entry would not pose a threat to U.S. national security or public safety, and

3) that their entry will be in the national interest.

Finally, there is no automatic expiration for this travel ban and the restrictions will be in place until the Secretary of Homeland Security recommends termination or modification. Please contact our office if you have questions about how this travel ban affects you, your family, or your business.

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