September 25, 2017
The first versions of President Trump’s travel ban have been delayed, struck down, and/or modified by courts since they were first introduced in March, and the Supreme Court is still scheduled to rule on the legality of the 2nd travel ban in October. However, on Sunday night the administration announced a new version of the travel ban, scheduled to take effect on October 18th. From the New York Times:
The new order is more far-reaching than the president’s original travel ban, imposing permanent restrictions on travel, rather than the 90-day suspension that Mr. Trump authorized soon after taking office. But officials said his new action was the result of a deliberative, rigorous examination of security risks that was designed to avoid the chaotic rollout of his first ban. And the addition of non-Muslim countries could address the legal attacks on earlier travel restrictions as discrimination based on religion.
Starting next month, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea will be banned from entering the United States, Mr. Trump said in a proclamation released Sunday night. Citizens of Iraq and some groups of people in Venezuela who seek to visit the United States will face restrictions or heightened scrutiny.
The new ban does not affect refugee admissions, though the administration indicated that new rules for refugees should be expected shortly. The administration has also clarified that green card holders will not be affected by the ban, and that currently valid visas from the affected countries will continue to be honored. In addition, this version of the ban establishes different rules for each country, rather than the blanket ban from prior versions:
Officials described the new order as a much more targeted effort than the president’s earlier one. Each of the countries will be under its own set of travel restrictions, though in most cases citizens of the countries will be unable to emigrate to the United States permanently and most will be barred from coming to work, study or vacation in America.
Iran, for example, will still be able to send its citizens on student exchanges, though such visitors will be subject to enhanced screening. Certain government officials of Venezuela and their families will be barred from visiting the United States. Somalis will no longer be allowed to emigrate to the United States, but may visit with extra screening.
Because it is likely that there will be court challenges to this new ban, the particulars of the policy may be changed before they are implemented. We will continue to provide updates as new information becomes available, but in the meantime, if you think you may be affected please contact the attorneys at Landau, Hess, Simon and Choi here, or by calling 215-925-0705.