MIAMI — The administration has implemented a new travel ban affecting citizens from 12 countries, alongside exceptions. The aim is to avoid legal challenges similar to those faced by the previous “Muslim ban” policy under Donald Trump’s initial administration.
The ban, revealed on Wednesday, pertains to individuals from Afghanistan, Myanmar, Chad, the Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The restrictions specifically target individuals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela who are currently outside the U.S. and do not possess a visa.
There are certain exceptions tailored to particular countries such as Afghanistan, while others are more general or ambiguous, such as the guidelines for foreign visitors intending to attend the 2026 World Cup and 2028 Los Angeles Olympics in the U.S., events that President Donald Trump has expressed particular enthusiasm in hosting.
Some experts agree that the current ban includes exceptions and has fixed some issues that were subject to litigation in the first travel ban.
“Absolutely, the administration is trying to avoid the problems that they had with the first proclamation,” said Jeff Joseph, president-elect at the American Immigration Lawyers Association. He anticipated, nonetheless, that lawsuits are “going to come anyway.”
In one of the most confusing moments of his first administration, Trump issued an executive order in 2017 banning travel to the U.S. by citizens of seven predominantly Muslim countries, including Iraq, Syria, Iran, Libya, Somalia and Yemen.
People from those countries were barred from getting on flights to the U.S. or detained at U.S. airports after landing. Among them were students, faculty, businesspeople, tourists and people visiting family.
The order, dubbed as “Muslim ban” by critics, faced legal challenges in the courts for about a year and was amended twice after opponents argued in the courts that it was unconstitutional and illegal. A version of the first travel ban was upheld by the Supreme Court in 2018.
The new ban takes effect Monday at 12 a.m. It does not have an end date.
Who is exempt from the new travel ban?
__Green card holders
__Dual citizens, including U.S. citizens who have citizenship of the banned countries
__Some athletes and their coaches traveling to the U.S. for the World Cup, Olympics or other major sporting events
__Afghans who worked for the U.S. government or its allies in Afghanistan or are holders of special visas
__Iranians from an ethnic or religious minority who are fleeing prosecution
__Certain foreign national employees of the U.S. government that have served abroad for at least 15 years, and their spouses and children
__People who were granted asylum or admitted to the U.S. as refugees before the travel ban took effect
__People with U.S. family members who apply for visas in connection with their spouses, children or parents
__Diplomats and foreign government officials on official visits
__People traveling to the U.N. headquarters in New York on official U.N. business
__Representatives of international organizations and NATO on official visits in the United States
__Children adopted by U.S. citizens
Trump said nationals of the countries included in the ban pose “terrorism-related” and “public safety” risks, as well as risks of overstaying their visas. Some of these countries, he said, had “deficient” screening or have refused to take back their citizens.
The Proclamation includes exceptions for lawful permanent residents, existing visa holders, certain visa categories and individuals whose entry serves U.S. national interests.
What is different from the 2017 ban?
Critics of the 2017 ban said that it was racial and targeted Muslim countries. Now the policy is broader and includes countries like Cuba, Haiti and Venezuela – nations that don’t have many Muslims. This will make the argument about racial animus, said Joseph, the immigration attorney.
The government has also included potential end dates, and the State Department will evaluate the proclamation every 90 days and determine if it should be extended.
Is the list final, or could it be changed?
The list can be changed, the administration said in a document, if authorities in the designated countries make “material improvements” to their own rules and procedures.
New countries can be added “as threats emerge around the world.”
Exemptions for Afghans
The travel ban has barred most Afghans hoping to resettle in the U.S. permanently and those hoping to come temporarily, but there are several exemptions. One of them is for special immigrant visa holders who supported the United States’ two-decades-long war in Afghanistan.
Another exception applies to all countries on the travel ban and allows spouses, children and parents of U.S. citizens to enter the U.S. The U.S. government can decide to admit or decline their entrance on a case-by-case basis, considering if they serve a “United States national interest.”
How does it affect the World Cup, Olympics and fans?
Iran, a soccer power in Asia, is the only targeted country to qualify so far for the World Cup that will be co-hosted by the United States, Canada and Mexico next year. Cuba, Haiti and Sudan are in contention. Sierra Leone might stay involved through multiple playoff games. Burundi, Equatorial Guinea and Libya have very outside shots.
But all should be able to send teams if they qualify because the new policy makes exceptions for “any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, the Olympics, or other major sporting event as determined by the secretary of state.”
About 200 countries could send athletes to the Summer Games, including those targeted in the travel restrictions, and the exceptions should apply to them if the ban is still in place in its current form. Fans from the target countries willing to travel to the World Cup and the Olympics are not mentioned in the exceptions.
Traveling from abroad for the World Cup and the Summer Games is expensive. In many cases, those who can afford the travel are wealthy individuals or people living in the diaspora, who may have different visa options.
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