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Trump travel ban: new visa criteria set to come into effect Trump travel ban: new visa criteria set to come into effect
(about 4 hours later)
The Trump administration has set new criteria for visa applicants from six Muslim-majority countries and all refugees, requiring a “close” family or business tie to be eligible to enter the United States. A modified version of Donald Trump’s travel ban is set to come into effect at 8pm ET on Thursday as the administration faced mounting criticism for issuing a set of strict new criteria for visa applicants from six Muslim-majority countries and refugees targeted in the ban.
The move on Wednesday came after the supreme court partially restored Donald Trump’s executive order widely criticised as a ban on Muslims. The partial ban is due to come into effect on Thursday evening. A supreme court ruling on Monday lifted parts of lower court injunctions blocking Trump’s divisive March order, and mandated that those who lacked a “credible claim of a bona fide relationship with a person or entity in the United States” could now be denied entry to the US.
Visas that have already been approved will not be revoked, but instructions issued by the state department say new applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the United States to be eligible. Senior administration officials said on Thursday that such “bona fide” relationships would be defined in very specific terms. New visa applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen seeking to prove a personal relationship must have either a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the US to be eligible for entry. Other family relations, such a grandparents and fiances, would not be counted. Those seeking to prove a relationship with an entity, such as a business or educational institution, must have “formal and documented” evidence of such a relationship.
The same requirement, with some exceptions, holds for would-be refugees from all nations who are still awaiting approval for admission to the US. Most of the same criteria would be applied to refugee admissions too. But crucially, an administration official noted, a refugee’s relationship with their resettlement agency “is not sufficient in and of itself to establish a bona fide relationship”. Advocates were quick to point out that many refugees entering the US have only got relationships with their non-government resettlement agencies before they arrive.
Senior administration officials promised an orderly rollout on Thursday afternoon, telling reporters that under an “in-transit” exemption, refugees would be permitted to travel if they have been booked for travel through July 6. Visas that have already been approved will not be revoked, the officials said and the state department said on Wednesday refugees scheduled for travel up until 6 July would be permitted to enter.
Officials also said that people in the affected countries who already had visa interview appointments booked should attend them as scheduled. Agents would then “make ‘case by case’ decisions on whether individuals will be eligible under the new guidance”. The officials promised an orderly rollout on Thursday saying they expected “business as usual” at airports around the US.
Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers- and sisters-in-law, fiancées/fiancés or other extended family members are not considered to be close relationships, according to the guidelines that were issued in a cable sent to all US embassies and consulates late on Wednesday. They added that people in the affected countries who already had visa interview appointments booked should attend them as scheduled. Agents would then “make ‘case by case’ decisions on whether individuals will be eligible under the new guidance”.
“This guidance shows a cruel indifference to families, some already torn apart by war and horrifying levels of violence,” said Naureen Shah, Amnesty International USA’s senior director of campaigns in a statement. “It also defines close family relationships in a way that ignores the reality in many cultures, where grandparents, cousins, and in-laws are often extremely close. “This guidance shows a cruel indifference to families, some already torn apart by war and horrifying levels of violence,” said Naureen Shah, Amnesty International USA’s senior director of campaigns in a statement.
“Separating families based on these definitions is simply heartless. It further proves the callous and discriminatory nature of Trump’s Muslim ban.” “This reported guidance would slam the door shut on so many who have waited for months or years to be reunited with their families,” added Karen Tumlin, legal director at the National Immigration Law Center.
“This reported guidance would slam the door shut on so many who have waited for months or years to be reunited with their families,” added Karen Tumlin, legal director at the National Immigration Law Center. “Those engaged to be married, for example, have been cruelly left out. This reported guidance should leave no doubt that the Trump administration will exploit any opportunity to advance its xenophobic agenda.” Administration officials said the decision to strictly define legitimate family ties was based on the definition of family in the Immigration and Nationality Act.
Administration officials said the decision on who was included was based on the definition of family in the Immigration and Nationality Act and included some additional categories as stipulated by the supreme court’s ruling earlier this week. But Mark Wasef, a senior attorney at the International Refugee Assistance Project (Irap), said the move was an obvious break from norms.
The new rules take effect at 8pm ET on Thursday, according to the cable, which was obtained by the Associated Press, as well as Reuters and the New York Times. Officials said Thursday afternoon that a public version of the rules and criteria would be made available on the state department website shortly. “The family structures in the Middle East tend to be different to how they are in the US. At some points aunts and uncles might raise a child, or the grandparents might do so, and if this child is here and wants to bring over their aunts and uncles they can’t do that over the next 90 days,” Wasef told the Guardian.
“We expect business as usual at the ports of entry starting at 8pm tonight,” one official told reporters. “It really just shows again what the real target of this travel ban is.”
On Monday, the supreme court partially lifted lower court injunctions against Trump’s executive order that had temporarily banned visas for citizens of the six countries. The justices’ ruling exempted applicants from the ban if they could prove a “bona fide relationship” with a US person or entity, but the court offered only broad guidelines – suggesting they would include a relative, job offer or invitation to lecture in the US – as to how that should be defined. Kay Bellor, vice-president for programs at the Lutheran Immigration and Refugee Service (LIRS), said the decision not to include relations with resettlement agencies as “bona fide” would cause havoc for many refugees.
Senior officials from the departments of state, justice and homeland security had worked since the decision to clarify the ruling and Wednesday’s instructions were the result. “Why wouldn’t a church or why wouldn’t a resettlement organization have the same kind of relationship with that refugee as a university has with a student?” Bellor said. “In fact, I would say we’ve got a stronger, more humanitarian and emotional connection to that refugee than the average college has.”
As far as business or professional links are concerned, the state department said a legitimate relationship must be “formal, documented and formed in the ordinary course rather than for the purpose of evading” the ban. Journalists, students, workers or lecturers who have valid invitations or employment contracts in the US would be exempt from the ban. Bellor estimated that around 40% of LIRS clients, including unaccompanied minors, had no ties at all to the US other than their interaction with the agency.
The exemption does not apply to those who seek a relationship with an American business or educational institution purely for the purpose of avoiding the rules, the cable said. A hotel reservation or car rental contract, even if it were pre-paid, would also not count, it said. Trump’s initial travel ban in January led to chaos at airports around the world. After a judge blocked the original ban, Trump issued a scaled-down order, and the court’s action on Monday further reduced the number of people who would be covered by it. While the initial order took effect immediately, adding to the confusion, this one was delayed 72 hours after the court’s ruling.
Trump’s initial travel ban in January led to chaos at airports around the world, but because the fresh guidelines exempt previously issued visas, similar problems are not expected. After a judge blocked the original ban, Trump issued a scaled-down order, and the court’s action on Monday further reduced the number of people who would be covered by it. While the initial order took effect immediately, adding to the confusion, this one was delayed 72 hours after the court’s ruling.
Would-be immigrants from the six counties who won a coveted visa in the government’s diversity lottery – a program that randomly awards 50,000 green cards annually to people from countries with low rates of immigration to the US – will have to prove they have a “bona fide relationship” within the US or are eligible for another waiver or face being banned for at least 90 days. That hurdle may be a difficult one for those immigrants to overcome, as many visa lottery winners do not have relatives in the US, or jobs in advance of arriving in the country.Would-be immigrants from the six counties who won a coveted visa in the government’s diversity lottery – a program that randomly awards 50,000 green cards annually to people from countries with low rates of immigration to the US – will have to prove they have a “bona fide relationship” within the US or are eligible for another waiver or face being banned for at least 90 days. That hurdle may be a difficult one for those immigrants to overcome, as many visa lottery winners do not have relatives in the US, or jobs in advance of arriving in the country.
Generally, winners only need prove they were born in an eligible county and have completed high school or have at least two years of work experience in an occupation that requires at least two other years of training or experience.Generally, winners only need prove they were born in an eligible county and have completed high school or have at least two years of work experience in an occupation that requires at least two other years of training or experience.
The Associated Press contributed to this report