Supreme Court Allows the Travel Ban to Take Effect While Litigation Continues

by | Dec 18, 2017 | News

On December 4, 2017, the U.S. Supreme Court issued two orders staying the preliminary injunctions issued against President Trump’s September 24, 2017, Presidential Proclamation, or “Travel Ban,” pending disposition of appeals still pending in the courts. The ban restricts nationals of Chad, North Korea, Iran, Libya, Venezuela, Syria, Yemen, and Somalia from entering the United States. Nationals of these eight countries are subject to the various restrictions contained in the table below, unless eligible for an exemption or waiver.

Country                     No-immigrant Visas                                                                 Immigrant /DV

Chad

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

Iran

No nonimmigrant visas except F, M, and J visas

No immigrant or diversity visas

Libya

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

North Korea

No nonimmigrant visas

No immigrant or diversity visas

Somalia

 

No immigrant or diversity visas

Syria

No nonimmigrant visas

No immigrant or diversity visas

Venezuela

No B-1, B-2, or B-1/B-2 visas of any kind for officials of the following government agencies: Ministry of the Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family.

 

Yemen

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

Additionally, nationals of Iraq will be subject to extra screening measures. Major exemptions to the ban include permanent residents, those who were already in the U.S. or in possession of a valid visa on December 4, dual nationals (when traveling on the alternate passport), A, G, NATO, and C-2 visas, or those already granted asylee or refugee status. The travel ban will remain in effect pending the disposition of the Administration’s appeals of district court rulings to the U.S. Court of the Appeals for the Ninth Circuit and Fourth Circuit, and any subsequent review by the Supreme Court.