The White House’s updated travel ban is set to take effect on March 16, 2017. The ban comes as a revision to the previous executive order by President Trump. The initial travel ban sparked widespread controversy and was ultimately enjoined by the United States federal courts in early February. The main principle behind the travel ban was to protect the United States against the potential entry of foreign terrorists.
What Has Been Changed?
The initial travel ban, formally known as Executive Order 13769, focused on limiting the citizens of the following countries from entering the United States:
The new ban removes Iraq from this list, but it mandates that Iraqi citizens will still be subject to enhanced scrutiny during the visa application and foreign entry processes. On the other hand, for nationals from the six remaining countries, if they are outside of the United States when the executive order takes effect, their entry into the United States will be banned for 90 days. Additionally, nationals of the listed countries who did not have a visa on January 27, 2017, and do not have a valid visa on March 16, 2017, will be subject to the 90-day ban from entry into United States.
The new travel ban does provide protection for individuals who were previously affected by Executive Order 13769. Any individual who had his or her visa canceled or revoked solely as a result of the previous ban will receive new documentation permitting entry to the United States. Additionally, any individual who receives a visa before the effective date of the new ban will not have his or her visa revoked.
Who is Not Affected?
The following individuals are not included in this new executive action:
- Any lawful permanent United States resident (green card holder);
- Any foreign national who legally enters the United States after March 16, 2017;
- Individuals travelling on a diplomatic visa;
- Any dual-national who is traveling on a passport from a country not listed in the ban;
- Various individuals with special access, such as those granted asylum and refugees who have already legally entered the United States.
How are Refugees Affected?
The new travel ban will suspend refugee access to the United States for 120 days. The United States will also limit refugee access to 50,000 individuals for the year of 2017, which is down from nearly 90,000 in 2016. The new ban does leave the door open for special circumstances, however, such as when an individual’s entry is guaranteed as part of a prior agreement.
The new United States travel ban is a complex matter and affects each individual differently. It is important to know that each person’s case for immigration is different. Therefore, in order to ensure that you are properly taking advantage of all that the law affords you, it is critical that you speak with an immigration attorney. Your attorney will stand by your side to ensure you are provided personalized and effective legal service. To learn more call or stop by the Law Office of Raphael M. Scheetz today.