A nonimmigrant is someone coming to the U.S. temporarily as a visitor, student, or employee. An immigrant is someone wanting to become a permanent resident of the U.S.
This new ban includes 8 countries and will take effect October 18:
Restrictions by Country
|North Korea||Entry as immigrants and nonimmigrants suspended.|
|Syria||Entry as immigrants and nonimmigrants suspended.|
|Chad||Entry as immigrants and nonimmigrants on some business and tourist visas suspended.|
|Yemen||Entry as immigrants and nonimmigrants on some business and tourist visas suspended.|
|Libya||Entry as immigrants and nonimmigrants on some business and tourist visas suspended.|
|Somalia||Entry as immigrants suspended, and nonimmigrants traveling to the United States to face enhanced screening and vetting requirements.|
|Iran||Entry as immigrants and as nonimmigrants suspended, except under valid student and exchange visitor visas — with enhanced screening and vetting requirements.|
|Venezuela||Entry of certain Venezuelan government officials and their immediate family members as nonimmigrants on some business and tourist visas suspended.|
No current validly issued green cards, visas or travel documents will be revoked.
The new restrictions are indefinite. There is no expiration date like in the prior 90-day travel ban.
Consular officers have discretion to waive the new restrictions on a “case-by-case basis” if a foreign national demonstrates:
- Denying entry into the US would cause “undue hardship”; and
- The foreigner does not pose a threat to national security.
The Trump administration complains that these countries do not allow enough information-sharing about the foreign applicants. The lack of information threatens security in the United States.
The legality of travel bans by Trump remain under scrutiny before the U.S. Supreme Court. The prior ban before the court has already expired, so the court must consider whether to allow proceedings to continue. A main question is whether the travel bans are essentially directed at Muslims, which may violate U.S. constitutional protections. The main argument against this new ban is that the president continually modifies the ban to mask what is essentially a campaign promise to ban Muslims.