Nearly three years after issuing the first travel ban, President Donald Trump issued Proclamation 9983, “Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry,” known as the expanded travel ban. The expanded travel ban furthers the administration’s efforts to ban people from majority Muslim countries from entering the United States. The expanded travel ban applies to nationals from Myanmar (Burma), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. Similar to the previous travel ban, the expanded travel ban will continue to separate families and exclude valuable employees and religious workers from the United States.

On Sept. 24, 2017, pursuant to a previous executive order, the president issued Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats, known as the travel ban. It barred entry of immigrant and non-immigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. This ban was then extended to include Chad, North Korea and Venezuela as of October 18, 2017. Eventually Chad and Sudan were dropped from the list of countries subject to the ban.

The travel ban met with sharp resistance and culminated in years of litigation. Eventually, the Supreme Court, in Trump v. Hawaii, concluded that the president “lawfully exercised the broad discretion granted” to him in issuing the travel ban. Following the Supreme Court’s decision, the travel ban remained in effect indefinitely.

On Jan. 31, 2020, the president issued the expanded travel ban, which applies to nationals from the six additional countries who have immigrant visas approved after Feb. 21, 2020. The expanded travel ban also updates the ban with respect to the seven previously banned countries and makes it effective as of Jan. 31, 2020. A list of all banned countries, visa categories, and effective dates are included here:
 

Country	Effective Date	Ban Applies to:
Sudan	2/21/2020	Immigrant visas under Diversity Visa Lottery
Tanzania	2/21/2020	Immigrant visas under Diversity Visa Lottery
Eritrea	2/21/2020	All immigrant visas except those who provided special assistance so the U.S. government
Nigeria	2/21/2020	All immigrant visas except those who provided special assistance so the U.S. government
Myanmar (Burma)	2/21/2020	All immigrant visas except those who provided special assistance so the U.S. government
Kyrgyzstan	2/21/2020	All immigrant visas except those who provided special assistance so the U.S. government
Libya	1/31/2020 (Previously 9/24/17)	All immigrant and visitor visas (other nonimmigrant visas are not banned)
Somalia	1/31/2020 (Previously 9/24/17)	All immigrant visas
Iran	1/31/2020 (Previously 9/24/17)	All immigrant and nonimmigrant visas except J, M, and F visas.
Venezuela	1/31/2020 (Previously 10/18/17)	Certain government officials and their family members
North Korea	1/31/2020 (Previously 10/18/17)	All immigrant and nonimmigrant visas
Yemen	1/31/2020 (Previously 9/24/17)	All immigrant and visitor visas (other nonimmigrant visas are not banned)
Syria	1/31/2020 (Previously 9/24/17)	All immigrants and nonimmigrant visas

Exceptions

The exceptions previously allowed for the first travel ban continue to be in place and apply to the six new countries. Those cover the following:

1. any national subject to the bans who were in the United States on the applicable effective date for either travel ban; 
2. any national who had a valid visa on the applicable effective date for either proclamation;
3. any national of who qualifies for a visa or other valid travel document, such as advanced parole before the effective date; 
4. any lawful permanent resident (LPR);
5. any national who is admitted to or paroled into the United States on or after the applicable effective date;
6. any national who has a document other than a visa, valid on the applicable effective date that permits travel to the United States and seek entry or admission, such as advance parole;
7. any dual national of a banned country traveling on a passport from a non-banned country;
8. those with diplomatic visas, except certain Venezuelan government officials and their family members;
9. Asylees, admitted refugees, those granted withholding of removal or protection under the Convention Against Torture. Any following to join refugees/asylees.

Waiver Eligibility

Those subject to either ban might be eligible for a waiver to enter the United States. Waivers can be requested at the consulate where the visa will be adjudicated. Please see the AILA practice pointer on applying for a waiver. Waiver criteria include:

1. undue hardship if entry were denied;
2. entry would not pose a threat to national security; and
3. entry is in the national interest. 

Historically, the travel ban waivers have proven difficult to be approved, either due to lengthy delays or denial based on unknown criteria. Nevertheless, advocates should continue to seek waivers for eligible clients. 

Refugees and Asylees

Under the first travel ban, refugee admissions were halted for 120 days so that they could institute increased vetting of refugees. Apart from this, and increased vetting, refugees who are nationals from any of the banned countries could theoretically be eligible for refugee resettlement to the United States. Asylees and those granted withholding of removal and CAT protection are not subject to the ban. All following-to-join derivatives of both asylees and refugees are not subject to the ban. 

Examples

Omar is from Syria and entered the United States in 2016 with a tourist visa. He married a U.S. citizen and wants to apply to adjust his status. He is not subject to the travel ban because he was in the United States on the applicable date of the bans. If Omar becomes an LPR and later wants to file a family petition for his family members in Syria, those family members would be subject to the travel bans.

Lila is from Burma and her consular interview for an immigrant visa was scheduled for Feb. 28, 2020. Lila is subject to the travel ban and should provide as much evidence as she can to support a waiver request of the travel ban. 

Amos is from Tanzania and applied for a Diversity Lottery visa. The Department of State will still consider him eligible to apply for the diversity visa despite the expanded travel ban. If Amos wins the lottery and is issued a visa after Feb. 21, 2020, he will be subject to the ban. However, when Amos attends the consular interview, the officer should consider whether Amos is eligible for an exception to the ban or a waiver. 

Yonas is from Eritrea, was granted asylum in 2013 and became a U.S. citizen in 2018. His wife also received asylum in 2019. Yonas’ son in Eritrea will not be able to receive an immigrant visa based on his relationship to his father because he is subject to the ban. However, Jonas’s mother can file a Form I-730 asylee derivative petition so that Yonas can come to the United States.

Michael from Nigeria received his immigrant visa on Feb. 13, 2020, but has not yet entered the United States. He is not subject to the ban because his visa was issued before the effective date of the expanded travel ban.

Father Anthony is a Catholic priest from Nigeria and has applied for an R-1 religious worker visa. His visa appointment is after Feb. 21, 2020. He is not subject to the ban because it applies to immigrant visas and the R-1 is a non-immigrant visa.

Resources

For more resources on the travel bans, please visit the Pennsylvania State University Law School resource page here and/or the Department of State website here.