What is the latest in US Immigration?

Presidential Proclamation on Travel Restrictions for Eight Countries
On September 24, 2017, President Trump issued a Presidential Proclamation titled "Enhancing Betting Capabilities and Processes for Detecting Attempted Entry into the US by Terrorists or other Public-Safety Threats". 

Latest Immigration Developments - On 9/24/17 Presidential Proclamation on Travel Restrictions for Eight Countries. Countries Affected: Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen are subject to travel restrictions as outlined below, as well as additional scrutiny when applying for a visa or entering the United States. Exemptions – including those for U.S. lawful permanent residents and dual nationals – are discussed below.

The proclamation does not impose restrictions on nationals of Iraq, but DHS recommends that they be subject to additional scrutiny. Sudan has been removed from the list of countries subject to restrictions, though Sudanese nationals also remain likely to be subject to heightened scrutiny.
Phase-In of Restrictions

The travel restrictions take effect as follows:

Phase I

• Effective September 24, 2017, 3:30 pm EDT
• Restrictions apply to nationals of Iran, Libya, Somalia, Syria, and Yemen, except those with a bona fide relationship to a U.S. person or entity, eligible for an exemption, or granted a waiver under the March 6, 2017 travel ban executive order
• Travel restrictions are no longer in effect for Sudanese nationals, as of September 24 at 3:30 pm

Phase II

• Effective October 18, 2017, 12:01 am EDT
• Restrictions apply to nationals of all eight countries, unless exempt or granted a waiver
• Nationals of Iran, Libya, Somalia, Syria, and Yemen will no longer be eligible for an exemption based on a bona fide relationship to a U.S. person or entity
• Previously scheduled visa application appointments will not be cancelled, but a consular officer will use the interview to determine whether the national otherwise qualifies for an exemption or waiver under the proclamation

Duration of Restrictions

The restrictions will remain in place indefinitely. DHS and DOS will periodically review the restrictions and will make recommendations to the President concerning whether the restrictions should be continued, modified, or terminated and whether other countries should be added.
Foreign Nationals Subject to the Restrictions
 
The suspensions and limitations on entry apply to nationals of the named countries who:

• Are outside the U.S. on the applicable effective date;
• Do not have a valid visa on the applicable effective date; and
• Do not qualify for a visa or other valid travel document under provisions for persons whose visa or travel document was marked canceled or revoked pursuant to the January 27 travel ban executive order.

Travel Ban

The Supreme Court plans to hear the travel ban an make a definitive decision. 

DACA Renewals

Per the recent permanent injunction, DACA renewals still remain in effect.

Exemptions

The proclamation exempts the following groups from the restrictions:

• U.S. lawful permanent residents;
• Dual nationals traveling on a passport from a non-restricted country;
• Foreign nationals who were in the United States on the date that the applicable restriction went into effect, regardless of their immigration status;
• Foreign nationals who have a valid visa on the date that the applicable restriction went into effect;
• Foreign nationals entitled to a travel document confirming that their visa was marked revoked or canceled solely pursuant to the January 27, 2017 executive order;
• Foreign nationals admitted or paroled into the United States on or after the applicable effective date of the proclamation;
• Any foreign national who has a document other than a visa (such as a transportation letter, boarding foil, or advance parole document) that is valid on the relevant effective date or issued thereafter, that permits them to travel to the U.S. and seek entry or admission;
• Foreign nationals traveling on a diplomatic/diplomatic-type visa, NATO, C-2, G-1, G-2, G-3 or G-4 visa (except certain Venezuelan government officials and their family members traveling on diplomatic type B-1, B-2, or B1/B2 visas);
• Any foreign national granted asylum by the United States;
• Any refugee already admitted to the United States; and
• Any individual already granted withholding of removal, advance parole or protection under the Convention Against Torture.

Are waivers available?

Waivers will be available on a case-by-case basis. To be eligible for a waiver, a foreign national must demonstrate that denying entry would cause undue hardship, entry would not pose a threat to U.S. national security or public safety and entry is in U.S. national interest. Foreign nationals requiring urgent medical care may be considered for a waiver. The proclamation lists several groups for whom a waiver may appropriate, including Canadian landed immigrants applying for a visa in Canada.

Exemptions and waivers apply individually to applicants. Principal applicants and dependents must each individually qualify for an exemption or waiver. 

President Trump’s Executive Orders on Immigration – What They Mean and Where Can You Find More Information?

Executive Orders

• Executive Order, Enhancing Betting Capabilities and Processes for Detecting Attempted Entry into the US by Terrorists or other Public-Safety Threats, (9/24/17): https://travel.state.gov/content/travel/en/news/important-announcement.html
• Executive Order, Buy American and Hire American, (4/18/2017): https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american
• Executive Order, Protecting the Nation From Foreign Terrorist Entry To The United States, (03/06/17):  https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states
• Executive Order 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States (01/27/17) aka “Entry Ban” or “Muslim Ban” Executive Order, available at https://www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states
• Executive Order 13767, Border Security and Immigration Enforcement Improvements (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements
• Executive Order 13768, Enhancing Public Safety in the Interior of the United States (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02102/enhancing-public-safety-in-the-interior-of-the-united-states

Government Agency Websites Pertaining to US Immigration

• www.dhs.gov
• www.cbp.gob
• www.travel.state.gov
• www.ice.gov

Key Terms and Issues in Immigration Law