Supreme Court Decision to Uphold Presidential Proclamation Travel Ban

The following is an update to a previous post about the Travel Ban.

Students and Scholars –

On June 26, 2018 the U.S. Supreme Court upheld Presidential Proclamation 9645, issued by the Trump Administration on September 24, 2017. That proclamation (amended on April 10, 2018 to remove Chad) announced travel restrictions on certain nationals of Iran, Libya, North Korea, Somalia, Syria, Yemen, and Venezuela. These restrictions replace a central portion of its earlier travel ban, Executive Order 13780, and vary by country. The State Department has been processing visa requests in accordance with the Presidential Proclamation since December 8, 2017.

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 international travel if at all possible.

If you need to travel internationally, 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 guidance and an FAQ regarding the visa processing under the Presidential Proclamation, including information and statistics related to possible waivers.
  • The Department of Homeland Security, or “DHS” (which governs Customs and Border Protection) has also issued an FAQ regarding implementation.
  • All international travelers who are citizens of the impacted countries of Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen 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 affected 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 and the foreign national’s entry is in the national interest and entry would not pose a threat to national security. There is no separate application for a waiver. You should disclose during your visa interview any information that might demonstrate that you may be eligible for a waiver.  Note that waiver criteria are stringent and the review process may add significantly to visa processing time.

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. 

______________________________________________________________________________________________________

No visas will be revoked as a result of the Presidential Proclamation (P.P.). Individuals from any of the affected countries who are currently outside the U.S. and need a visa to enter may qualify for an exception or waiver and should disclose that information during the visa interview. Nationals from any of the affected countries will not be subject to any travel restrictions listed in the Presidential Proclamation if they fall into one of the following categories:

    • Was in the United States on the applicable effective date of the P.P. for that national:
      • September 24, 2017:  for nationals of Iran, Libya, Syria, Yemen, and Somalia who were subject to the prior 90-day entry ban of Executive Order 13780, because they “lack credible claim of a bona fide relationship with a person or entity in the United States.”
      • October 18, 2017 for:
        • 1) nationals of Chad (until April 13, 2018, when Chad was removed from the list), North Korea and Venezuela, and
        • 2) nationals of Iran, Libya, Somalia, Syria and Yemen who have a “credible claim of a bona fide relationship with a person or entity in the United States.”
    • Had a valid visa on the applicable effective date of the P.P. for that national;
    • Had a visa which was revoked or marked canceled as a result of Executive Order 13769 (the first ‘travel ban’ order);
    • U.S. lawful permanent resident (green card holder);
    • Was admitted to or paroled into the United States on or after the applicable effective date of the P.P for that national;
    • Applicant for adjustment of status with valid advance parole;
    • Dual national traveling on a passport from a non-restricted country; 
    • Holder of certain diplomatic or diplomatic-type visas;
    • Was granted asylum in the United States; or admitted as a refugee.