Illegal Border Crossings Today:

Trump Heightens Security for Travel into US

Passport and Gavel

By: Liz Jacobs

On September 24, President Trump issued a proclamation announcing heightened national security measures, including new restrictions on travel to the United States. (Presidential Proclamation, Sept. 24, 2017) The proclamation limits entry into the U.S. of nationals from eight countries (Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia), replacing much of President Trump’s initial national security executive order (“Protecting the Nation from Foreign Terrorist Entry into the United States”). (Id.)

In a statement, the White House explained that President Trump’s decision to restrict travel from the eight countries was based off the administration’s evaluation of nearly 200 countries’ ability and willingness to cooperate with the U.S. government. (White House Fact Sheet) All eight designated countries either fail to satisfy standard information-sharing requirements or face significant challenges identifying whether their residents pose national security or public safety threats. (Id.) Additionally, many of the countries subject to the restrictions also have significant terrorist presence within their territories. (Id.) Accordingly, to protect national security and public safety in the U.S., Sunday’s proclamation:

  1. Suspends nationals of Chad’s entry into the U.S. as immigrants and nonimmigrants on business (b-, tourist (B-2), and business/tourist (B-1/B-2) visas. Chad does not adequately share public-safety and terrorism-related information. Additionally, several terrorist groups are active in Chad, including Boko Haram, ISIS-West Africa, and al-Qa’ida in the Islamic Maghreb;
  2. Suspends Iran’s nationals from entering the U.S. as immigrants and as nonimmigrants, except for nationals who have a valid student (F and M) or exchange visitor (J) visa. Iran regularly fails to cooperate with the U.S. government;
  3. Suspends Libya’s nationals from entering the U.S. as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Libya faces significant challenges in identity-management protocols and does not adequately share public-safety and terrorism-related information;
  4. Suspends North Korea’s nationals from entering the U.S. as immigrants or nonimmigrants. North Korea does not cooperate with the United States in any respect, including any information-sharing;
  5. Suspends Syria’s nationals from entering the U.S. as immigrants and nonimmigrants. Syria regularly fails to cooperate with the U.S. government in identifying security risks and is the source of significant terrorist threats. Syria has also been designated by the Department of State as a sponsor of terrorism and has serious inadequacies in identity-management protocols and information-sharing;
  6. Suspends certain government officials from Venezuela and their immediate family members, from entering the U.S. as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Venezuela’s government fails to share public-safety and terrorism-related information and has does not cooperate with respect to receiving its nationals subject to final orders of removal from the U.S;
  7. Suspends Yemen’s nationals from entering the U.S. as immigrants and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Yemen faces serious identity-management challenges and has a notable terrorist presence within its territory. The government also does not adequately share public-safety and terrorism-related information; and
  8. Suspends Somalia’s nationals from entering the U.S. as immigrants and requires officials to scrutinize nonimmigrants to determine if applicants are connected to terrorist organizations or pose a national security risks. Somalia has significant identity-management deficiencies, lacks command and control of its territory, and has been identified by the U.S. government as a terrorist safe haven. (Presidential Proclamation, Sept. 24, 2017)

President Trump explained his rationale for issuing the proclamation. (Id.) “As President, I must act to protect the security and interests of the United States and its people.  I am committed to our ongoing efforts to engage those countries willing to cooperate, improve information-sharing and identity-management protocols and procedures, and address both terrorism-related and public-safety risks,” President Trump stated. (Id.) He later tweeted, “We will not admit those into our country we cannot safely vet.” (Twitter, Sept. 24, 2017)

The restrictions, outlined above, only apply to foreign nationals of the designated countries who are:

  1. Outside the country on the effective date of the proclamation
  2. Do not have a valid visa on the effective date; or
  3. Do not qualify for a visa or other valid travel document. (Presidential Proclamation, Sept. 24, 2017)

The restrictions categorically do not apply to:

  1. Any lawful permanent resident of the U.S.,
  2. Any foreign national who is admitted to or paroled into the United States on or after the proclamation’s effective date;
  3. Any foreign national with a document such as a valid advance parole document;
  4. Any dual national of a designated country when the individual is traveling on a passport of a non-designated country;
  5. Any foreign national traveling on a diplomatic visa; or
  6. Any foreign national who has been granted asylum, admitted as a refugee, or an individual who has been granted a withholding of removal, advance parole, or other form of protection. (Id.)

The proclamation also delegates significant discretion to Departments of State and Homeland Security officials to grant exceptions on a case-by-case basis, thus allowing those in special need to enter the U.S. (Id.)

The new restrictions take effect October 18. (Id.)