In the first months of his presidency, Trump issued travel bans on individuals from Middle Eastern countries. The first travel ban temporarily barring 7 predominately Muslim countries from entering the US was quickly blocked by a Federal Judge in Seattle. Trump appealed to the decision, but the judge’s order was upheld. President Trump decided not to appeal this decision to the Supreme Court.
This led to Trump’s 2nd travel ban, which is a revised version of the first. The original executive order applied to current visa holders from the 7 countries, but the revised version only applied to those who have not yet been issued a visa. It only applied to 6 countries, taking Iraq off the list of affected nations. The ban on Syrian refugees was no longer permanent and Christians were not given preference in being granted refugee status.
Although the 2nd travel ban was struck down by the US Courts of Appeals in both the 4th and the 9th Circuits on June 26, 2017, the Supreme Court reinstated parts on the travel ban and agreed to hear the government’s appeals of the lower courts decisions.
On September 24, 2017, less than 3 weeks before the Supreme Court was scheduled to hear oral arguments regarding his 2nd travel ban, President Trump issued his 3rd travel ban. On December 3, 2017, the Supreme Court allowed the 3rd travel ban to go into effect on a temporary basis. The Supreme Court approved Travel Ban 3.0 on June 26, 2018.
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Below is a chart prepared by the US State Department which identifies who is affected by Travel Ban 3.0:
|Country||Nonimmigrant Visas|| Immigrant and Diversity
|Iran||No nonimmigrant visas except F, J and M visas||No immigrant or diversity visas|
|Libya||No B-1, B-2, and B-1/B-2 visas||No immigrant or diversity visas|
|No nonimmigrant visas||No immigrant or diversity visas|
|Syria||No nonimmigrant visas||No immigrant or diversity visas|
|Venezuela||No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members.||No restrictions|
|Yemen||No B-1, B-2, and B-1/B-2 visas||No immigrant or diversity visas|
|Somalia||No immigrant or diversity visas|
Trump’s 3rd Travel Ban
On September 24, 2017, President Trump issued a 15-page order which initially restricted immigration from the following 7 countries: Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea. In addition, Iraqi citizens and government officials and their families from Venezuela will face certain travel restrictions and/or heightened scrutiny when attempting to enter the United States. The travel ban became effective on October 18, 2017.
The Executive Order which implemented Travel Ban 3.0 provides that the State Department and the Customs and Border Protection (CBP) can issue waivers to persons from the affected countries who apply for a visa to come to the US, but only if they meet each of the following criteria:
- Denying entry would cause the applicant undue hardship;
- Entry would not pose a threat to national security or public safety; and
- Entry would be in the U.S. national interest.
To date, waivers have been granted to less than 2% of all visa applicants from the banned countries.
- State Department Releases Internal Guidance for Travel Ban Waivers
- Supreme Court Rules in Favor of Travel Ban 3.0 (6-26-18)
- Class Action Lawsuit Challenges Trump’s Travel Ban Waiver Process: Vazehrad v. Trump (3-13-18)
- Visa Waivers Rarely Granted under Trump’s Latest Travel Ban (3-06-18)
- Supreme Court Allows Trump Travel Ban to Take Effect (12-03-17)
- Supreme Court Cancels Hearing on Previous Trump Travel Ban (9-25-17)
- New Order Indefinitely Bars Almost All Travel From Seven Countries (9-24-17)
- Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats (9-24-17)
- FAQ on New Travel Ban (9-24-17)
Trump’s 2nd Travel Ban
- Practice Advisory For The Muslim Travel Ban: What is the Impact of the Supreme Court’s June 26, 2017 Decision (7-19-17)
- Hawaii Judge Expands List of Relatives Exempt from Travel Ban (7-14-17)
- Supreme Court Will Hear Travel Ban Case & Allows Parts to Go Ahead (6-26-17)
- 9th Circuit Deals Trump Travel Ban Another Defeat (6-12-17)
- 4th Circuit Court of Appeals Decision Striking Down President Trump’s Revised Travel Ban (5-25-17)
- Federal Judge in Hawaii Freezes President Trump’s New Executive Order (3-15-17)
- Washington State Asks Judge to Block New Trump Travel Ban (3-09-17)
- Trump’s Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States (3-06-17)
- Trump Signs New Travel Ban, Exempts Iraq (3-06-17)
- Q&A: Protecting The Nation From Foreign Terrorist Entry To The United States (3-06-17)
- How Trump’s Merit-Based Immigration System Might Work (3-01-17)
- Trump Says He is Open to Legal Pathway for Undocumented Immigrants (2-28-17)
- Trump’s New Travel Ban Will Exempt Existing Visa Holders (2-28-17)
Trump’s 1st Travel Ban
- Trump Considers Writing ‘Brand New’ Immigration Order (2-10-17)
- US Appeals Court Upholds Suspension on Trump’s Travel Ban (2-9-17)
- 9th Circuit’s Decision on Trump’s Travel Ban (2-9-17)
- Appeals Court Skeptical About Trump’s Travel Ban (2-7-17)
- Live Stream Oral Arguments on Trump’s Travel Ban Before the 9th Circuit Court of Appeals (2-7-17)
- Trump’s Appeal in the 9th Circuit Court for his Travel Ban (2-7-17)
- State of Washington’s Response to Trump’s Executive Order (2-7-17)
- Justice Dept Urges Appeals Court to Reinstate Trump’s Travel Ban (2-6-17)
- Where Trump’s Travel Ban Stands (2-5-17)
- Appeals Court Refuses to Restore Travel Ban Yet (2-5-17)
- Trump Appeals Travel Ban Ruling (2-4-17)
- Court Temporarily Blocks Trump’s Travel Ban (2-3-17)
- Temporary Restraining Order on President Trump’s Travel Ban (2-3-17)
- Microsoft Asks Trump Administration for Travel Ban Exceptions (2-3-17)
- Trump’s Executive Order: Protecting the Nation from Terrorist Attacks (No Refugees) (1-27-17)
- Trump Signs Executive Order on ‘Extreme Vetting’ for Immigrants (1-27-17)
- What Does Trump’s Ban on Iranians and Aliens from 6 Other Middle Eastern Countries Mean to You? (1-25-17)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl as featured in the February 2018 edition of SuperLawyers Magazine.
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