Pres. Trump Issues New Immigration Proclamation Expanding Covered Countries

by Miller Canfield
Contact

Miller Canfield

Pres. Donald Trump added new countries to the list of those whose citizens face travel restrictions into the United States.

On Sept. 24, 2017, Pres. Trump issued the "Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”  The proclamation is an update and expansion of his preexisting immigration order that was signed on March 6, 2017, and expired on Sept. 24.

The proclamation adds countries to the list of those whose citizens face travel restrictions into the U.S., in what the administration says is an effort to protect against terrorist attacks “and other public-safety threats.” Foreign nationals from Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia will now face some form of travel restriction to the United States to “address the threats that the countries’ identity-management protocols, information-sharing inadequacies, and other risk factors pose to the security and welfare of the United States.” 

Foreign nationals from Iraq will no longer face travel restrictions, but their entry will be subject to additional scrutiny to determine if they pose a threat to the United States.

The President’s proclamation distinguishes between immigrants and non-immigrants from the countries listed above given that persons admitted on immigrant visas present distinct national security concerns from non-immigrants. For reference, immigrants are defined as persons wishing to live permanently in the U.S. whereas nonimmigrants are persons with permanent residence outside the U.S. but wish to be in the U.S. on a temporary basis for a specific purpose and duration such as for business, temporary work or study, for example.

Entry of non-immigrants from the named countries is tailored to each specific country. Some countries displayed “mitigating factors” during the administration’s review of the country’s immigration policies, and the President restricted only certain categories of nonimmigrants from those countries. For example, entry of immigrants from Chad, Iran, Libya, North Korea, Syria, Yemen and Somalia is suspended indefinitely under the new ban, meaning immigrants from these countries are no longer permitted subject to legal challenges.

Nonimmigrants from Chad, Libya and Yemen seeking entry into the United States on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas will be suspended. Iranian citizens seeking entry into the United States under a valid student (F and M) and exchange visitor (J) visa will not be suspended, although they will be subject to enhanced screening and vetting. Nonimmigrants from North Korea and Syria are banned completely from entry into the United States. For Somalian nonimmigrants, there will be increased screening standards to determine if those individuals pose a threat to national security. 

Finally, Venezuelan government officials “involved in screening and vetting procedures” and their immediate family members seeking entry on B-1, B-2 and B-1/B-2 visa will be suspended. This is a result of the Venezuelan government’s failure to cooperate with the United States’ effort to gather public-safety and terrorism-related information during their review process.

The proclamation lists several exceptions to the individual travel bans, including foreign nationals who have lawful permanent residence in the United States, any foreign national who is admitted into the United States on or after effective date of this proclamation, any foreign national who has been granted asylum or refugees who have already been admitted to the United States, among others. The proclamation also outlines when waivers may be granted in certain limited circumstances if the foreign national can show that denial of entry would cause undue hardship or that their entry would not threaten national security and would be in the national interest.

The entry restrictions for citizens from countries who were previously subject to the March 6, 2017, executive order went into effect on Sept. 24, 2017, while the restrictions for citizens from countries that are new to the list will go into effect on Oct. 18, 2017.

Foreign national employees who are from one of the listed countries may need to refrain from international travel for the duration of the ban, or until further notice.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller Canfield | Attorney Advertising

Written by:

Miller Canfield
Contact
more
less

Miller Canfield on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.