UPDATE: President Trump Issues New Travel Ban for Eight Countries, Ends Temporary Protection for Sudanese

by Norris McLaughlin & Marcus, P.A.

The White House has announced its newest executive order on immigration, placing travel bans and restrictions on seven countries in Africa, the Middle East, the Persian Gulf, and Asia.  In a separate decision, President Trump ended temporary protection from deportation for Sudanese nationals currently living in the United States.

The travel ban targets the five countries that were included in the original travel ban earlier this year: Libya, Syria, Yemen, Somalia, and Iran.  It also adds three countries: Chad, Venezuela, and North Korea, the last of which is likely a response to its current tensions with the United States.

The current executive order differs from the previous travel ban in two key respects: first, for the most part, it is more prospective in scope, largely affecting the issuance of new visas rather than the denial of entry for current visa holders; and second, it lacks any time limitation, a key distinction from the original ban, which lasted only 90 days.

The newest executive order treats each of the listed countries differently.  For instance, Syria and North Korea received total bans, eliminating both temporary and permanent visas to the United States.  Immigration from Iran is now highly restricted, limited to students and exchange visitors.  Permanent and tourist visas were eliminated for Yemen and Libya, although several other temporary visas, such as student and short-term employment visas, were not revoked.  Venezuela faces the fewest restrictions, with only members of the Venezuelan government barred from travel to the United States.

Permanent residents of the United States (green card holders) and those with current and valid visas will not have their statuses revoked.  Likewise, the order does not affect those already in the United States.  Additionally, the ban does not affect people who have been previously granted asylum, classified as a refugee in the United States, or been granted withholding of removal under the laws of the United States or the United Nations Convention Against Torture.

One key feature to this order is its focus on security – nationals of these countries who are still permitted to apply for visas face additional scrutiny when making their applications.  Section 1 of the order states that it is the “policy of the United States to protect its citizens from terrorist attacks and other public-safety threats,” and that “[s]creening and vetting protocols and procedures associated with visa adjudications and other immigration processes play a critical role in implementing that policy.”  The country-specific policies also emphasize the fact that screening and safety are concerns.  For instance, the order states that Libya “faces significant challenges in sharing several types of information, including public-safety and terrorism-related information necessary for the protection of the national security and public safety of the United States,” and that it “has significant inadequacies in its identity-management protocols.”

The executive order’s legal footing is still unknown.  The original travel ban received sharp criticism for affecting only Muslim-majority countries, and many believed it established a religious test for entry.  University of Virginia Law Professor Saikrishna Prakash has noted, as reported by AOL News, that the “greater the sense that the policy reflects a considered, expert judgment, the less the temptation (by courts) to second-guess the executive.”  Will the addition of new countries to the current executive order and its more thorough discussion regarding safety and national security be enough to evoke that sense?

Several experts see this order as no more than a continuation of the Muslim ban.  Becca Heller, director of the International Refugee Assistance Project, stated that this “is still a Muslim ban – they simply added three additional countries,” and that of “those countries, Chad is majority Muslim, travel from North Korea is already basically frozen and the restrictions on Venezuela only affect government officials on certain visas.”  Anthony D. Romero, Executive Director of the ACLU, added that “”Six of President Trump’s targeted countries are Muslim. The fact that Trump has added North Korea — with few visitors to the US — and a few government officials from Venezuela doesn’t obfuscate the real fact that the administration’s order is still a Muslim ban.”  With the latest executive order likely to face one or more legal challenges, the courts will ultimately need to decide its legality and whether it is properly tailored to meet its goal of better national security.

Finally, in a separate decision, President Trump declared that Sudanese nationals currently living in the United States with temporary protected status, or “TPS,” will not have their status extended beyond 2018.  TPS was granted to Sudanese nationals following the civil war that has ravaged the region, leading to a split nation and the formation of a new country, South Sudan, in 2011.  Sudanese nationals currently holding TPS will either need to change to a new immigration status within the United States or return home.  South Sudan, however, will remain as a TPS-designated country until at least 2019.

Written by:

Norris McLaughlin & Marcus, P.A.

Norris McLaughlin & Marcus, P.A. 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):

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.


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.