The Supreme Court this week dismissed one of the challenges to President Trump’s second travel ban on citizens of six majority-Muslim countries since it has expired.
The high court dismissed the case from the federal appeals court in Richmond, Va. That court ruled the second travel ban violated the Constitution’s protection against religious discrimination. Trump created that ban in March through an executive order.
Trump replaced that temporary travel ban with a broader, permanent one in September. Trump’s latest travel ban order permanently prohibits citizens of eight countries from traveling to the U.S. This latest travel ban also faces legal challenges.
The new order removed Sudan from the list of banned countries and added three others. The countries on the banned list are Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. The new travel ban goes into effect on Oct. 18.
Latest Travel Ban
The two previous travel bans were temporary measures to give the Trump administration time to come up with permanent rules. The new permanent rules specify individuals from each country who are banned from the U.S.:
- Chad: All nationals of Chad seeking permanent residence in the U.S. or a temporary B-1 business visa or B-2 tourist visa.
- Iran: All Iranian nationals of Iran seeking permanent residence in the U.S. or a temporary visa, except for those on valid F-1 and M-1 student visas and J-1 exchange visitor visas.
- Libya: All nationals of Libya seeking permanent residence in the U.S. or a temporary B-1 business visa or B-2 tourist visa.
- North Korea: All North Korean nationals.
- Somalia: All nationals of Somalia seeking permanent residence in the U.S. Those seeking temporary visas face additional scrutiny.
- Syria: Entry of all Syrian nationals.
- Venezuela: Select government officials of Venezuela and their families seeking permanent residence in the U.S. or temporary B-1 business visa or B-2 tourist visa.
- Yemen: All nationals of Yemen seeking permanent residence in the U.S. or a temporary B-1 business visa or B-2 tourist visa.
In June, the Supreme Court ruled that those with a “bona fide relationship” with a person or institution in the U.S. were exempt from the March ban. However, under the new ban, individuals from a banned country seeking to visit or live with a close family member in the U.S. must show that denied entry would cause undue hardship.
Individuals from a banned country without a tie to family or an entity in the U.S. can apply for a waiver. For consideration, a foreign national must show that all of the following apply:
- Denied entrance to the U.S. would cause undue hardship.
- Her/his entry into the U.S. would not pose a threat to national security or public safety.
- Her/his entry into the U.S. would be in the national interest.
Each waiver will be evaluated on a case-by-case basis.
We Can Help
The Alcorn Immigration Law team is monitoring the latest travel ban developments. We can help you file a waiver for yourself, family, or an employee. We can also help you find other visa options. Contact us.