On September 24, the President issued a Proclamation that indefinitely blocks the entry for certain individuals from eight countries: Iran, Libya, Chad, North Korea, Syria, Somalia, Venezuela, and Yemen (Sudan has been dropped and Chad, North Korea, and Venezuela have been added). The Proclamation applies immediately to those who are covered by the Second Executive Order and who lack a credible bona fide relationship (see examples below) to a person or entity in the U.S.
For all other persons, including nationals of Iran, Libya, Syria, Yemen, and Somalia who have a bona fide relationship in the U.S., and nationals of Chad, North Korea, and Venezuela, the new ban becomes effective at 12:01 A.M. on October 18, 2017.
For more clarification on the specific restrictions to
citizens from these countries you can use Penn
State Law’s Center for Immigrants’ Rights Fact Sheet. *Please note that
for Iran it says F, M, and J student visas; it should say, F & M student
visas and J Exchange Visitor visas.
What counts as a “bona fide relationship” with the United
States?
Below are some examples of a “bona fide relationship” with a
person or entity in the U.S.:
- Individuals who have a close familial relationship in
the United States, such as an individual who wishes to enter the United
States to live with or visit a family member.
- The relationship must be formal, documented, and
formed in the ordinary course, rather than for the purposes of evading
EO-2.
- Individuals who have a “formal, documented”
relationship with an American entity that was “formed in the ordinary
course.” Examples of such a relationship include:
- Students who have been admitted to an American
university.
- Those traveling as a U.S. sponsored exchange visitor.
- Lawful permanent residents (green card holders).
- Those with a temporary or permanent visa issued before
the effective date.
Supporting Materials and Resources:
- PowerPoint Presentation by Tulane Law School Professor Leila Hass from the information session that took place on September 24.
- Penn State Law’s Center for Immigrants’ Rights
Fact Sheet, Penn State Law Center for Immigrants' Rights Clinic,
Muslim Advocates, and American-Arab Anti-Discrimination Committee,
September 25, 2017.
- Fact
Sheet: Proclamation on Enhancing Vetting Capabilities & Processes for
Detecting Attempted Entry Into the United States by Terrorists or Other
Public-Safety Threats, The White House Office of the Press Secretary,
September 24, 2017.
- FAQ:
Proclamation on Enhancing Vetting Capabilities & Processes for
Detecting Attempted Entry Into the United State by Terrorists or Other
Public-Safety Threats, The White House Office of the Press Secretary,
September 24, 2017.
As we get more information, we will keep you updated. Be
sure to regularly check the blog.
OISS will continue working with our campus partners, legal counsel, and
professional associations to assess information related to any immigration
policy changes that could potentially take place.