EAH Immigration Blog

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

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.

COUNTRYNONIMMIGRANT VISASIMMIGRANT/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.

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