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"Enhanced Vetting:" What You Need to Know About the Latest Travel Ban
Contributor: Van T. Doan
During the 2016 U.S. presidential campaign, then-candidate Trump spoke repeatedly of the need for "extreme vetting" for individuals seeking to enter the U.S. from certain countries that he claimed posed a higher risk of terrorism against Americans.
Virtually since his inauguration, now-President Trump has attempted to implement what he himself describes as travel bans applicable to these countries. On September 27, 2017, he made public a proclamation titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public Safety Threats."
However, as with the previous bans, court actions, which we'll discuss briefly below, have put at least a temporary pause on most of these restrictions.
The eight countries on which the Trump administration has tried to place travel restrictions are:
- Syria
- Iran
- Libya
- Yemen
- Chad
- Somalia
- North Korea
- Venezuela
Sudan has been removed from the list of countries in previous bans. While Iraq is not on this list, as it has been for the previous attempts at successfully imposing a travel ban, Iraqi nationals are to be subject to additional screening measures under this proclamation.
The U.S. Supreme Court had been set to hear oral arguments on two cases challenging previous iterations on the travel ban. In light of this new proclamation, the Court has requested the attorneys for those cases to file briefs regarding whether this newest version makes those cases moot.
In addition, a United States District Court case (Hawaii v. Trump) in the District of Hawaii has resulted in a nationwide temporary restraining order preventing most of these restrictions from taking effect as planned for Syria, Iran, Libya, Yemen, Chad and Somalia. The restrictions against North Korea and Venezuela were not affected by this case.
In a United States District Court case in Maryland, a nationwide preliminary injunction issued, prohibiting the enforcement of Section 2 of the proclamation. This means that, except for nationals of North Korea and Venezuela who do not have a credible claim of a bona fide relationship with a person or entity in the U.S., the travel restrictions above will not apply—for now.
The United States Department of Justice has said it plans to appeal those rulings, but in the meantime, regular processing of visas should continue for nationals of Syria, Iran, Libya, Yemen, Chad and Somalia.
What Trump's New Travel Ban Could Mean if Upheld
The countries affected by this new travel ban have varying types and levels of restrictions.
For North Korea, Syria and Somalia, the September 27 proclamation attempted to suspend the entry of immigrants to the United States, and now requires enhanced screening of all nonimmigrants entering the country. As a practical matter, since North Korea prohibits emigration, restrictions against that nation are probably irrelevant.
For Chad and Libya, the proclamation attempted to suspend the entry of immigrants as well as temporary entering the United States on B-1 business or B-2 tourist visas. Restrictions against Venezuela, which remain in place, are somewhat narrower, preventing only certain government officials and their families from entering this country on B-1 business visas or B-2 tourist visas.
With regard to Iran, the proclamation attempted to suspend the entry of immigrants and all nonimmigrants, with the exception of F (student), M (vocational student) and J (exchange visitor) visas. However, individuals entering the U.S. with one of these visas may still be subject to enhanced screening processes.
Some of these restrictions were to take effect immediately, but all were supposed to be in place as of October 18, 2017. They apply to individuals who do not have a "bona fide relationship" to a U.S. person or entity.
There are exemptions from the restrictions in the proclamation. These include lawful permanent residents of the United States (LPR); foreign nationals who are admitted to or paroled into the U.S. on or after the applicable effective date; dual nationals of a country listed in the proclamation who are traveling on a passport issued by a non-listed country; foreign nationals with a document other than a visa that is valid on or after the effective date of the restrictions; foreign nationals traveling on diplomatic visas or NATO visas; and foreign nationals who have been granted asylum, as well as refugees who are part of the Lautenberg program.
If you have concerns about how the new travel ban may affect you or people close to you, you should contact an experienced Maryland immigration attorney. Already, this travel ban, like previous bans, has been challenged with some success, and an attorney who practices regularly in this area will be aware of any changes in the law.
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Categories: Immigration Law