What happened?

• On January 31, 2020, President Trump signed a presidential proclamation which expands the Muslim Ban to include six additional countries: Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania.
• The proclamation maintains the original restrictions for Iran, Libya, Syria, Somalia, Yemen, North Korea and Venezuela under Muslim Ban 3.0 from 2017.

Key Points:

• The United States will suspend issuance of all immigrant visas for individuals from Eritrea, Kyrgyzstan, Myanmar (Burma), and Nigeria.
• The United States will suspend issuance of diversity visas for individuals from Sudan and Tanzania.
• This expansion of the Muslim Ban will not apply to non-immigrant visas, which are typically issued to tourists, visitors and students. Instead, it targets individuals who use immigrant visas to keep their families together here in the United States.
• Any visas granted before the proclamation’s effective date, February 22, 2020, will be honored by the United States. (Individuals with valid visas issued before that date should not be affected when traveling to the United States)

What should I do?

• If you are travelling from one of the listed countries and are concerned that you will be affected, please contact an immigration attorney for guidance & assistance.
• If you or a family member is detained at the airport, please call our 24/7 hotline at 1.872.333.2737
• Contact your elected representatives to the U.S. House of Representatives & the U.S. Senate and demand they support the passage of the No Ban Act.

 

 

Muslim Ban Expansion

Just a few days after the third anniversary of the first Muslim Ban, the Trump administration has expanded its travel restrictions targeting even more Muslims and immigrants of color. The expanded Ban includes Sudan, Nigeria, Tanzania, Myanmar, Eritrea, and Kyrgyzstan. Individuals from Libya, Iran, Somalia, Yemen, Syria, North Korea, and Venezuela remain subject to the Muslim Ban.

In this advisory, a project of our coalition with the No Muslim Ban Ever campaign, drafted by our partners at CAIR-SFBA and Advancing Justice-Asian Law Caucus, we cover information about the status of the Muslim Ban, who is impacted, as well as information about the so-called waiver process. Please note that this information is subject to change based on the various legal challenges.

We will update you should changes happen.

Timing

Muslim Ban 3.0 (LINK TO MB3 fact sheet) is already in full effect for individuals from Libya, Iran, Somalia, Yemen, Syria, North Korea, and Venezuela. The expanded Ban affecting individuals from Sudan, Nigeria, Tanzania, Myanmar, Eritrea, and Kyrgyzstan goes into effect February 21, 2020.

Who is Impacted Under the Expanded Ban?

Certain nationals of Sudan, Nigeria, Tanzania, Myanmar, Eritrea, and Kyrgyzstan.

The expanded Ban only applies to individuals who are 1) outside of the U.S. on the effective date, 2) who did not have a valid visa on that date, and 3) who have not obtained a waiver (discussed below).

The expanded Ban does not apply to:

• U.S. Lawful permanent residents (green card holders);
• People admitted or paroled into the U.S. on or after February 21, 2020;
• People with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of the new Muslim Ban;
• Dual-nationals traveling on a passport from a non-designated country;
• People who have been granted asylum by the U.S.;
• Refugees already admitted to the U.S.; or
• Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture.

  

Details on Impacted Countries

Sudan

• All Diversity Visas are suspended for Sudanese nationals.

Tanzania

• All Diversity Visas are suspended for Tanzanian nationals.

Nigeria

• All immigrant visas from Nigeria are suspended.
• Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Myanmar

• All immigrant visas from Myanmar are suspended.
• Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Eritrea

• All immigrant visas from Eritrea are suspended.
• B1/B2 visitor visas from Eritrea were previously suspended under a separate proclamation.
• Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

Kyrgyzstan

• All immigrant visas from Kyrgyzstan are suspended.
• Special Immigrants whose eligibility is based on having provided assistance to the United States Government are exempt from the Ban.

 

 

Waivers Seeking an Exception to the Muslim Ban

A “waiver” is permission to obtain a U.S. visa, even though the Muslim Ban says you are not eligible to get one. Muslim Ban 3.0 states that banned individuals can ask for a waiver to request an exception that would allow the visa to be issued as long as they can show that:

1. Denying entry would cause the visa applicant undue hardship;
2. Entry to the U.S. would not pose a threat to the national security or public safety of the U.S.; and
3. Entry would be in the national interest of the U.S.

The law states that a consular officer or Customs and Border Protection official has the authority to grant a waiver on a case-by-case-basis. The law also lists several examples where a waiver can be granted (such as needing urgent medical care, reuniting with immediate family members in the U.S., business ties etc.).

Unfortunately the waiver process has been very unclear and applied unevenly. The government has provided very little guidance on the waiver process. Our organizations are currently suing the government to challenge the waiver process.

Here are some things we know:

• There is no formal process to request a waiver. There is no available form online to fill out. Any documents submitted to the consulate outlining why you qualify for a waiver may or may not be accepted.
• Many consulates have been notifying individuals that either:
  • The consulate is denying the waiver for their case, stating that the visa is “refused under 212(f)”:
    • In this case, there is no appeal process for the decision. Many individuals are submitting waiver requests, however, it is unclear if they are being accepted.
  • The consulate is considering their case for a waiver:
    • In this case, the consulate may or may not ask you about the above criteria in the interview; the consulate may or may not accept a written letter outlining why you meet the above criteria either during your interview or if you try to email/mail it in; the consulate may or may not refer your case to Washington D.C.

If you have an upcoming interview before a consulate, please consult and immigration attorney about the waiver process. Information around waivers can change very quickly, so seek legal help (while watching out for scams) and please check back frequently.