The Trump administration has announced new travel restrictions for foreigners from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. These newly listed countries serve as a replacement to a portion of the Trump administration’s previously administered and hotly debated travel ban signed earlier this year.
The new executive order indefinitely bars almost all travel to the United States from these countries, unlike the original travel ban, which implemented a 90-day delay rather than a complete barring of entrance into the U.S.
Next month, most citizens from the listed countries, except Venezuela, will be banned from entering the United States. Officials have stated that these new restrictions were written as the result of a thorough examination of security risks that were crafted to avoid the hectic announcement of the first travel ban. These travel restrictions will be implemented on October 18th, 2017.
The administration has announced that these new restrictions would not apply to legal permanent residents of the United States, and that visitors who hold valid visas from the listed countries will not have their visas revoked. Each listed country will have its own set of travel restrictions, though in most cases citizens of these designated countries will not be able to emigrate to the United States permanently, and most will be barred from coming to the United States for work, study, or vacation.
This allows for those holding valid visa statuses to remain in the United States for the duration of their existing visa. However, individuals whose visas will expire will be subject to the travel ban.
“We await USCIS’s comment on how it will treat extension of status applications for current employment-based and student visa holders who are subject to the ban,” says D’Alessio Law Group partner Liz Profumo.
Those seeking access to the U.S. as refugees will not be affected by these travel restrictions, however entry of refugees is currently limited by the administration’s original travel ban. Officials have announced that new rules for refugees will be announced in the near future.
These new rules have already influenced the previously October 10th scheduled legal challenge to the previous travel ban, which was cancelled by the Supreme Court on Monday, September 25th. The court has officially asked lawyers in the case to submit briefs by October 5th discussing the effect of the administration’s new proclamation.
Justices asked the parties to address “whether, or to what extent, the proclamation” may render the case moot. The court additionally asked for briefings on a question not addressed in the proclamation, regarding the refugee program.
If the court eventually dismisses the case, the Trump administration will ask to vacate the appeals court decisions striking down the earlier ban, while challengers will ask that previous decisions remain on the books.
Possible updates to these travel restrictions, or breaking information in regards to the administration’s action will be closely monitored by D’Alessio Law Group. If you have any questions, please do not hesitate to reach out to your respective D’Alessio immigration professional.