What You Need to Know About the COVID‐19 Travel Ban

On June 26, 2018, in Trump v. Hawaii, the U.S. Supreme Court held that President Trump’s third travel ban, issued on September 24, 2017, was not unconstitutional. The ban targeted nationals of eight countries, six of which have predominantly Muslim populations: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The Administration had lifted the ban against Chad on April 10, 2018, but the remaining seven countries remain subject to travel restrictions.

On January 31, 2020, President Trump issued his fourth Muslim travel ban. This one limits entry to the U.S. by nationals of Nigeria, Burma (Myanmar), Eritrea, Kyrgyzstan, Sudan and Tanzania.

There are now fourteen countries affected by Trump’s various Muslim travel bans. For more details, see our updated Muslim Travel Ban Advisory:

• English
• Arabic
• Bengali
• Chinese Simplified
• Chinese Traditional
• Farsi
• French
• Haitian Creole
• Hindi
• Korean
• Punjabi
• Russian
• Spanish
• Urdu

Burma (Myanmar)

• Immigrants: All suspended, except as Special Immigrants whose eligibility is based on having provided assistance to the U.S. government
• Nonimmigrants: Not applicable

Chad

• Immigrants: Ban was lifted on April 10, 2018.
• Nonimmigrants: Ban was lifted on April 10, 2018.

Eritrea

• Immigrants: All suspended, except as Special Immigrants whose eligibility is based on having provided assistance to the U.S. government
• Nonimmigrants: Not applicable

Iran

• Immigrants: all suspended.
• Nonimmigrants: generally suspended, except for student (F and M) and exchange visitor (J) visa holders may be admitted, subject to enhanced screening and vetting.
• Exemption: individuals with bona fide relationship with a person or entity in the U.S.; exemption ended October 18; 2017.

Iraq

• No longer subject to a categorical ban.
• Immigrants: may be admitted, but subject to additional scrutiny to determine if pose risk to national security or public safety.
• Nonimmigrants: may be admitted, but subject to additional scrutiny to determine if pose risk to national security or public safety.

Kyrgyzstan

• Immigrants: All suspended, except as Special Immigrants whose eligibility is based on having provided assistance to the U.S. government
• Nonimmigrants: Not applicable

Libya

• Immigrants: all suspended
• Nonimmigrants: B1/B2 business and tourist visitors suspended.
• Exemption: individuals with bona fide relationship with a person or entity in the U.S. exemption ended October 18, 2017.

Nigeria

• Immigrants: All suspended, except as Special Immigrants whose eligibility is based on having provided assistance to the U.S. government
• Nonimmigrants: Not applicable

North Korea

• Immigrants: all suspended.
• Nonimmigrants: all suspended.

Somalia

• Immigrants: all suspended.
• Nonimmigrants: may be admitted, subject to additional scrutiny to determine if the applicant is connected to terrorist organizations or otherwise poses a threat to the national security or public safety of the U.S.
• Exemption: for only immigrant visa applicants, individuals with bona fide relationship with a person or entity in the U.S.; exemption ended October 18, 2017.

Sudan

• No longer subject to a categorical ban.
• Immigrants: suspended as to Diversity Visa Lottery immigrants only
• Nonimmigrants: Not applicable

Syria

• Immigrants: all suspended
• Nonimmigrants: all suspended.
• Exemption: for individuals with bona fide relationship with a person or entity in the U.S.; exemption ended October 18, 2017.

Tanzania

• Immigrants: suspended as to Diversity Visa Lottery immigrants only
• Nonimmigrants: Not applicable

Venezuela

• Certain government officials involved in screening and vetting procedures, and their immediate family members: suspended.
• Immigrants: may be admitted, subject to appropriate additional measures to ensure traveler information remains current.
• Nonimmigrants: may be admitted, subject to appropriate additional measures to ensure traveler information remains current.

Yemen

• Immigrants: all suspended
• Nonimmigrants: B1/B2 business and tourist visitors suspended.
• Exemption: individuals with bona fide relationship with a person or entity in the U.S.; exemption ended October 18, 2017.

The following individuals are excluded from the Muslim travel ban.

• Permanent residents;
• Those who were admitted or paroled into the U.S. on or after the effective date of the order:
  • September 24, 2017 for Iran, Libya, Somalia, Syria, and Yemen; or
  • October 18, 2017 for North Korea and Venezuela; or
  • February 21, 2020 for Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania;
• Those who have a document other than a visa – such as a transportation letter, appropriate boarding foil, or advance parole document, valid on the effective date of the order;
• Dual nationals traveling on the non-designated country’s passport;
• Certain diplomatic visa holders;
• Asylees and refugees already granted status as of the effective date of the order;
• Those granted withholding of removal or protection under the Convention Against Torture.

Waivers may be available if an individual can meet all three of the following criteria:

• Denying entry would cause undue hardship;
• Entry would not pose a threat to national security; and
• Entry would be in the public interest.

No changes to the status of refugees were made by the January 2020 Muslim travel ban. The March 16, 2017 travel ban required a 120-day halt on refugee admissions, which expired on July 14, 2017, and thus was not addressed in either the September 24, 2017 or January 31, 2020 travel bans.

Call our Immigration Law Unit Helpline at 844-955-3425, Monday- Friday, 9 a.m. – 5 p.m. for assistance.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.