December: Executive Order and Travel Restrictions Information

The US Supreme Court has ruled that the U.S. government may begin immediate implementation of President Trump's September 24 Proclamation entitled Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats . This Proclamation partially or fully restricts entry into the United States for nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen. 

UMD's International Office is continuing to monitor issues impacting our international student, scholar and employee populations. Please see the below information for additional guidance on the potential impact.

Note: U.S. permanent residents (i.e., green card holders), pending permanent residents holding advance parole, and asylees are not restricted by the travel ban.  However, the International Office is recommending caution when making international travel decisions, as the current environment is uncertain and can change without warning.

If the foreign national was physically present in the U.S. on October 18, 2017, or, is outside of the United States and in possession of a valid visa in their passports for their intended activity, then they are not affected by the ban, regardless of their citizenship.

Foreign nationals that are currently outside the U.S. and in the process of applying for a U.S. visa must evaluate if they are subject to the ban by answering the following questions:

1. Am I applying for a type of visa that is restricted based on my country of citizenship?  (Use the chart above to evaluate your situation)

2. Am I exempt from the ban even if I am applying for a type of visa that is restricted based on my citizenship?

   1. Many classes of foreign nationals who are citizens of the above countries are nevertheless exempt from the restrictions, dual citizens presenting passports from a non-restricted country, certain diplomats and international organization employees seeking A or G visas.

3. If the visa I am seeking is restricted based on my citizenship and I am not exempt, do I qualify for a waiver of the restriction?

   1. Restricted foreign nationals can still make visa appointments at U.S. consulates and ask for a waiver at the time of the visa interview. Consular officers may grant a waiver upon determining that approving the visa is in the U.S. national interest, would not pose a threat to national security or public safety, and the applicant would suffer undue hardship if the visa were not granted. The ban then goes on to list certain classes of foreign nationals who may be eligible to request a waiver, such as Canadian permanent residents; those with significant U.S. business or professional obligations or who seek to continue a prior period of work or study; J-1 exchange visitors sponsored by the U.S. government; immediate relatives of U.S. citizens and green card holders facing hardships; infants, young children, and those needing urgent medical care; those attending meetings with the U.S. government or traveling on behalf of international organizations; and current and former valuable U.S. government employees. Membership in one of the above classes is by no means a guarantee for a waiver and those seeking waivers should consider obtaining legal counsel in advance of making a visa appointment.

As a practical matter, and as we have advised in the past, employees and students who are currently in the United States, carry passports from one of these eight countries (as well as from Sudan or Iraq), and who would need to apply for a visa upon their next departure from the United States, should consider the risks of delay seriously before planning international travel. Even where the above travel restrictions do not apply, all visa applicants are subject to national security screening and potential delays should a consular officer determine that additional screening is required. It is reasonable to expect that visa applicants presenting passports from these countries will in the ordinary course be subject to more rigorous security screening.

As stated above, two lower courts are still considering the legality of the ban and once they make their decisions the Supreme Court will have one more opportunity to rule on the ban's constitutionality once and for all. We expect the State Department to issue guidance shortly on when and how it will begin executing the ban. See our Alert below.

LINK: Greenfield, A. (2017, December 4). Fragomen U.S. Client Alert.