Supreme Court Allows Trump Travel Ban to Take Effect

by Aysha Qamar

This week, the Supreme Court issued a decision on Trump’s Third Travel Ban, referred to as the Muslim Ban 3.0, that allows it to take full effect. This is the first time a court has allowed the travel ban, affecting travelers from eight countries, six of them being Muslim-majority countries, in its entirety immediately. 

The original ban, which took effect only seven days after President Trump took office, was quickly declared unconstitutional by a District Court Judge in Seattle. That decision was later upheld by the Ninth Circuit. The Ban blocked entry of Muslim majority country travelers including those from Libya, Iran, Somalia, Syria, Sudan and Yemen- this resulted in it being referred to as the ‘Muslim Ban.’

When the administration revised and reissued a second ban in March, two federal judges declared it unconstitutional before the ban took effect. While the administration lost its initial appeals of those rulings at the Fourth and Ninth Circuits, the Supreme Court allowed a limited part of the second ban to go into effect pending resolution of the appeal in June.

The third travel ban no longer includes Sudan, but continues the restrictions on Libya, Iran, Somalia, Syria, and Yemen. It also bans individuals traveling from Chad, North Korea, and Venezuela.

According to a statement by the State Department, no visas would be revoked under the new vetting procedures and the restrictions are not intended to be permanent. They “may be lifted as countries work with the U.S. government to ensure the safety of Americans.”

Who does the Muslim Ban 3.0 effect?

Eight countries including: Chad, Iran, Libya, Syria, Somalia, Yemen, Venezuela and North Korea.

Chad, Libya, and Yemen: All immigrant visas and non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S. 

Iran: Immigrant and nonimmigrant entry will be suspended for Iranian nationals except for individuals with a student visa (F Visa), exchange program visa (J Visa) or vocational visa (M Visa). Individuals with a F, J, or M visas will be subject to enhanced screening. 

Somalia: Immigrant visas are suspended for Somali nationals. Non-immigrant visas are permitted, but will be subjected to heightened screening.

Syria and North Korea: All immigrant and non-immigrant entry into the U.S. is suspended. 

Venezuela: Government officials and immediate family members of individuals involved in Venezuela’s screening and vetting procedures cannot enter on non immigrants business (B-1), tourist (B-2) and business/tourist (B-1/B-2) visas. Nationals of Venezuela who are visa holders are subject to additional measures.

Citizens and Green Card Holders are not impacted. Those with dual nationalities or two passports, if traveling using a passport from a country not included in the list are not impacted. Those granted asylum in the United States or refugees already admitted are also not effected by the travel ban.