Travel Ban - Legal Bulletin
Travel Ban - Legal Bulletin

Travel Ban – Legal Bulletin

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Legal Bulletin

President Trump issued two significant immigration proclamations on June 4, 2025. A nationality-based visa restriction affecting 19 countries, now in effect as of June 9, 2025, is in effect. A separate student visa ban targeting new foreign students seeking to enroll at Harvard University is currently blocked by a federal district court. These actions significantly limit both immigrant and nonimmigrant visa issuance for impacted nationals, with limited exceptions. No previously issued visas are being revoked. No existing visas will be revoked under this proclamation. Visa holders may continue to travel but may face increased screening at ports of entry. The following individuals are exempt from the travel ban: lawful permanent residents (green card holders) and Dual nationals traveling on a passport from a non-listed country. The State Department is required to review the list of affected countries within 180 days of the proclamation’s effective date, and Egypt will undergo a review to determine whether travel may be warranted. The U.S. Department of State has confirmed that visas issued before June 9,. 2025, remain valid.

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Date: June 9, 2025

Subject: Implementation of New Nationality-Based Travel Restrictions and Student Visa Suspension Proclamations

I. Overview

On June 4, 2025, President Trump issued two significant immigration proclamations:

1. A nationality-based visa restriction affecting 19 countries, now in effect as of June 9, 2025.

2. A separate student visa ban targeting new foreign students seeking to enroll at Harvard University—currently blocked by a federal district court.

These actions significantly limit both immigrant and nonimmigrant visa issuance for impacted nationals, with limited exceptions. No previously issued visas are being revoked.

II. Nationality-Based Travel Ban: Scope and Applicability

Effective Date: June 9, 2025, at 12:01 a.m. ET

Applicable To: Foreign nationals of 19 countries who are:

• Outside the United States as of June 9, 2025, and

• Do not hold a valid U.S. visa as of that date.

A. Countries Subject to Full Suspension

Both immigrant and nonimmigrant visa issuance is suspended for nationals of the following countries:

• Afghanistan

• Burma

• Chad

• Republic of Congo

• Equatorial Guinea

• Eritrea

• Haiti

• Iran

• Libya

• Somalia

• Sudan

• Yemen

B. Countries Subject to Partial Suspension

Nationals of the countries below are barred from receiving immigrant visas and B, F, M, and J nonimmigrant visas (tourist, student, and exchange visitor classifications):

• Burundi

• Cuba

• Laos

• Sierra Leone

• Togo

• Turkmenistan

• Venezuela

In addition, consular officers are directed to reduce the validity of non-restricted nonimmigrant visas for these nationals, where permitted by law. Specific implementation guidance has not yet been released.

III. Valid Visas and Admission

The U.S. Department of State has confirmed:

• Visas issued before June 9, 2025, remain valid.

• No existing visas will be revoked under this proclamation.

• Visa holders may continue to travel but may face increased screening at ports of entry.

Unresolved Issues:

• Whether current visa holders may apply for new visas after June 9.

• Whether foreign nationals in the U.S. on June 9 are exempt from the ban if they later travel abroad and apply for a new visa.

Further clarification is anticipated in forthcoming State Department guidance.

IV. Exemptions from Travel Restrictions

The following individuals are exempt from the travel ban:

• U.S. lawful permanent residents (green card holders)

• Dual nationals traveling on a passport from a non-listed country

• Immediate Relative immigrant visa applicants (IR-1/CR-1, IR-2/CR-2, IR-5) with documented family ties

• Athletes, team members, coaches, and support staff attending major international sporting events

• Diplomats and government officials holding A, G, NATO, C-2, or C-3 visas

• Individuals applying for:

• Adoption-related visas (IR-3, IR-4, IH-3, IH-4)

• Afghan Special Immigrant Visas (SIVs)

• SIVs for U.S. government employees

• Immigrant visas for persecuted ethnic/religious minorities in Iran

• Foreign nationals whose travel is deemed in the U.S. national interest, subject to agency determination

Additionally, the proclamation does not apply to:

• Individuals granted asylum, withholding of removal, or CAT protection

• Admitted refugees

Procedures for seeking a National Interest Exception (NIE) are not yet available but are expected shortly.

V. Periodic Review and Egypt Assessment

The Secretary of State is required to review the list of affected countries:

• Within 90 days of the proclamation’s effective date, and

• Every 180 days thereafter

Additionally, Egypt will undergo a review to determine whether travel restrictions may be warranted.

VI. Harvard University Student Visa Proclamation

A second proclamation issued on June 4 suspends F, M, and J visas for foreign nationals seeking to begin studies at Harvard University. Implementation of this measure has been temporarily blocked by a federal district court in Massachusetts, pending further legal proceedings on a requested preliminary injunction.

VII. Recommendations and Next Steps

Foreign nationals from the 19 affected countries are strongly encouraged to:

• Confirm visa validity and travel plans before departure from the U.S.

• Consult with qualified immigration counsel regarding:

• Eligibility for exemption

• Potential for obtaining a National Interest Exception

• Risks associated with visa renewal and reentry

Employers, universities, and sponsoring organizations should monitor developments closely and be prepared to assist impacted individuals with documentation, advocacy, and legal support.

For additional information or assistance, please contact us at VisaLaw@Wolfsdorf.com

Source: Wolfsdorf.com | View original article

Source: https://wolfsdorf.com/travel-ban-legal-bulletin/

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