“Travel Ban” (Executive Order 13780, issued March 6, 2017) Update – Presidential Proclamation

On September 24, 2017, the Trump administration issued a Presidential Proclamation announcing new travel restrictions on certain nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Yemen, and Venezuela. Sudanese nationals are no longer subject to travel restrictions.  These new restrictions replace a central portion of its earlier travel ban, Executive Order 13780. The new restrictions vary by country and will be phased in beginning October 18, 2017.

However, on October 17, 2017 a federal judge in Hawaii issued a decision largely blocking implementation of the Presidential Proclamation. The decision will likely be appealed, but for now, it means that the administration cannot restrict the entry of travelers from Syria, Libya, Iran, Yemen, Chad, or Somalia.

How this Presidential Proclamation Impacts NC State:

There is no change on travel guidance to our international campus community. Due to the continuing uncertainty regarding the travel ban we still recommend that impacted individuals refrain from travel if at all possible.

If you decide to travel, please make an appointment with an advisor at OIS so that we can advise you on what documentation to travel with and what to do should you encounter difficulty in getting a visa in time to return for classes or if you encounter difficulty at the Port of Entry.

Please also note:

  • The Department of State has issued an FAQ regarding implementation of the Presidential Proclamation.
  • The Department of Homeland Security (which governs Customs and Border Protection) has also issued an FAQ regarding implementation.
  • All international travelers should continue to expect delays during visa appointments and at ports of entry. Consular officers abroad and CBP at all ports of entry will now have to make additional decisions regarding who to admit into the U.S., which will undoubtedly cause additional delays.
  • As always, Customs and Border Protection (CBP) will continue to determine, on a case-by-case basis, whether the individual is admissible to the U.S.  It is possible that CBP will decide to re-review the grounds on which an individual qualified for an exception or waiver, even if the person already met this burden and obtained an entry visa at a U.S. consulate or embassy overseas. If travel is necessary, we strongly recommend that individuals from any of the eight countries carry extensive documentation showing their eligibility for the relevant waiver or exception.  Please work closely with OIS if you must travel to prepare this documentation.
  • The Presidential Proclamation also authorizes the DHS and DOS to grant discretionary waivers of the entry ban where the denial of entry would cause hardship or the foreign national’s entry is in the national interest and entry would not pose a threat to national security. However, the stringent criteria and lack of a clear application process suggest that waivers may be difficult to obtain.

The Office of International Services, International Employment, and the Office of General Counsel are closely monitoring the government’s implementation of the Executive Order, Presidential Proclamation and related court decision(s), and will provide further information as developments occur.

Individuals from any of the eight countries who are currently outside the U.S. and need a visa to enter may qualify for an exception or waiver, however, the exception for a bona fide relationship is no longer available. Nationals from any of the eight countries will not be subject to any travel restrictions listed in the Presidential Proclamation if they fall into one of the following categories:

  • S. lawful permanent resident (green card holder);
  • Dual national traveling on a passport from a non-restricted country;
  • Was granted asylum in the United States; or admitted as a refugee;
  • Applicant for adjustment of status with valid advance parole;
  • Was admitted to or paroled into the United States on or after the applicable effective date of the P.P for that national;
  • Was in the United States on the applicable effective date of the P.P. for that national;
  • Had a valid visa on the applicable effective date of the P.P. for that national; or
  • Had a visa which was revoked or marked canceled as a result of Executive Order 13769 who qualifies for a visa.

Please refer to the Department of State’s guidance for the full list of exceptions and information regarding implementation of the new restrictions at U.S. embassies and consulates abroad.