APBCo Academy: October 3-4, 2017 Travel Ban 3.0: Breaking Down the September 24 Presidential Proclamation APBCo Academy: October 3-4, 2017

The Official Explanation Protection from terrorist attacks and public safety threats Culmination of a worldwide review ordered by the March 6th Executive Order (Travel Ban 2.0) Assessment of three categories of baseline criteria: Identity-Management Information National Security and Public Safety Information National Security and Public Safety Risk Assessment Country-specific guidelines were implemented as a result of the assessment of these baseline criteria, as well as other considerations

The Result: the Travel Ban SpecTrump North Korea Syria Iran Chad Libya Yemen Somalia Venezuela Iraq Most Restrictive Least Restrictive Total ban on immigrants and non-immigrants Total ban on immigrants and non-immigrants, except for those on student (F, M) and exchange visitor (J) visas Total ban on immigrants and those non-immigrants on business (B1), tourist (B2) and business-tourist (B1/B2) visas Total ban on immigrants. Enhanced scrutiny for all non-immigrant visa applicants No ban on immigrants. Prohibits certain government officials and family members from entering on B1, B2 or B1/B2 visas No outright bans. All Iraqi nationals entering the U.S. subject to additional scrutiny

Exceptions Legal permanent residents Those with valid visas as of the effective date Those already present in the United States as of the effective date Holders of documents other than a visa which allow entry (i.e., transportation letters, boarding foils or advance parole) Dual nationals traveling on a passport issued by a non-designated country Holders of diplomatic visas, NATO visas, C-2 visas for travel to the UN or G-1, G-2, G-3 or G-4 visas Asylees, refugees admitted to the United States, grantees of withholding of removal, advance parole or other protection under the Convention Against Torture

Waivers May be granted on a case-by-case basis Must demonstrate: Undue hardship to foreign national No threat to the national security or public safety of the United States Entry is in the national interest Proclamation lists several categories of migrants where a waiver grant may be appropriate

Implementation & Challenges Bans are indefinite Effective Dates: September 24, 2017 – for those nationals from Iran, Libya, Syria, Yemen and Somalia who lack a credible claim of a bona fide relationship with a U.S. person or entity October 18, 2017 – for all others subject to the Proclamation ACLU challenge underway; Supreme Court challenge to previous travel bans likely moot