WASHINGTON — President Donald Trump’s fiercely litigated travel ban will finally go into effect Thursday evening.
Who can’t enter the US?
Under the Supreme Court ruling, anyone who can’t provide a “credible claim of bona fide relationship” with either an entity (like a school or a job) or a person living in the US (such as a spouse) can not enter.
A hotel reservation, for example, will not constitute a “bona fide relationship” under the executive order, but an academic lecturer invited to speak in the US will be exempt.
If you can’t sufficiently establish such a close relationship, you are banned for 90 days if you are from Libya, Syria, Iran, Somalia, Yemen and Sudan, and 120 days if you are a refugee from any country.
The new guidelines, sent to US embassies and consulates on Wednesday, said applicants must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling in the US in order to enter the country, according to a cable obtained by CNN.
However, other family members — including fiancees, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law, sisters-in-law, and any other “extended” family members– will not be considered “close family” under the executive order.
The State Department criteria also applies to all refugees currently awaiting approval for admission to the US.
However, these guidelines have not yet been posted by the State Department or the Department of Homeland Security and could be subject to change.
Who is exempt from the ban?
The following categories of travelers will be excluded from the travel ban, according to the cable:
- US citizens
- Legal permanent residents (aka green card holders)
- Current visa holders
- Any visa applicant who was in the US as of June 26
- Dual nationals
- Anyone granted asylum
- Any refugee already admitted to the US Foreign nationals with “bona fide” family, educational or business tie to the US
Importantly, visas that have already been approved will not be revoked.
The executive order also permits the issuance of a visa to anyone who would otherwise be excluded on a case-by-case basis at the discretion of DHS and the State Department.
Homeland Security spokesperson David Lapan confirmed to CNN that the President’s revised executive order “would not affect persons who arrive at our ports of entry with legitimate travel documents.”