Navigating Travel Bans and Visa Restrictions

During the travel restrictions that happened during the coronavirus pandemic, people became aware that countries and states could impose travel restrictions on people. This article aims to give readers a better understanding of what travel bans and visa restrictions mean.

What Is a Travel Ban

The United Nations defines a travel ban as a restrictive measure enforced by international organizations or countries to stop people or groups from entering or transiting through their territories. Travel bans are often imposed to address significant concerns. For instance, there are security threats, political instability, and human rights violations, and to prevent the spread of disease.

In the U.S., the executive branch decides on the travel ban. The president issues a proclamation based on the recommendations of various government agencies. Included among the agencies involved are:

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Department of Homeland Security (DHS)
• U.S. Customs and Border Protection (CBP)
• Centers for Disease Control and Prevention (CDC)

The U.S. Department of State, through the Bureau of Consular Affairs, then issues travel advisories. To stay updated about the issuance of travel bans, visit the travel advisory website.

Who Is Exempt from Travel Bans?

During travel bans, certain people can still enter the United States. They are:

• U.S. citizens
• Lawful Permanent Residents or green card holders
• Spouses of U.S. citizens
• Diplomats or foreign nationals with diplomatic visas
• A foreign national who is an air or sea crewmember
• A foreign national traveling to the U.S. with the invitation of the U.S. government for the purpose related to the mitigation or containment of the pandemic
• Nonimmigrant visa holders of A, C, E-1, G, and NATO, traveling to the U.S. within the scope of the United Nations Headquarters Agreement
• Members of the U.S. Armed Forces and their spouses and children
• Approved exchange visitors
• Foreign nationals admitted into the United States on or after the ban's effective date or with valid travel documents valid on or issued after the effective date
• Foreign nationals traveling on a diplomatic visa
• Those with dual citizenship travel with a valid (non-banned) passport

Note that the list is not exclusive. The U.S. government may increase or decrease the list of those exempted from the travel ban. It is best to keep yourself updated on travel restrictions that may apply to your case.

What Are Visa Suspensions?

Visa suspension is a strategic measure imposed by the United States. It is not an outright prohibition from entering the country but often gets used in diplomatic and policy measures. It aims to serve as a flexible response to events that happen internationally and in individual cases.

During the coronavirus pandemic, the U.S. Department of State temporarily suspended routine visa services at all U.S. embassies and consulates. This affected the processing of various visa categories and the visa processing times. Then, the suspension moved towards a more phased resumption of visa services based on the local conditions in each country.

Visa applicants with urgent travel needs, such as sea and air crewmembers or medical staff combating the pandemic, may request an emergency visa appointment. You can find specific guidelines about emergency appointments on the U.S. embassy website.

Overview of Travel Bans: Then and Now

Travel bans and visa suspensions significantly impact noncitizen U.S. visa holders. From the COVID-19 pandemic to the controversial travel ban imposed by President Donald Trump in 2017, these measures highlight the balance between immigration policies and national security.

To illustrate the impact of travel bans, the following are a few notable events that happened then and now:

COVID-19 Pandemic Travel Restrictions

Between Nov. 8, 2021, and May 11, 2023, a presidential proclamation required all non-U.S. citizens entering the United States to prove they were fully vaccinated against COVID-19. The U.S. government established the rule on Oct. 25, 2021, to promote safe traveling during the pandemic. Then, on May 9, 2023, another presidential proclamation ended the COVID vaccination rule.

2017 Travel Ban

In a campaign press release dated Dec. 7, 2015, then-candidate Trump called for a "total and complete shutdown of Muslims entering the United States." Once elected, Trump passed an executive order. The executive order issued a 90-day ban on the issuance of U.S. visas from six Muslim-majority countries, namely:

1. Iran
2. Somalia
3. Sudan
4. Libya
5. Syria
6. Yemen

Trump said the travel ban aimed to prevent terrorism in the United States. An official from the U.S. Department of Homeland Security also noted that the prohibition suspended the U.S. refugee program for all the countries mentioned for 120 days.

The initial ban faced legal challenges. Federal courts ruled that the executive order was unconstitutional because it violated the Fifth Amendment's equal protection clause and the First Amendment's establishment clause. The courts claimed that the ban targeted Muslims specifically.

The administration then issued a second executive order, modifying the first executive order. It excluded Iraq from the list of affected countries. But, the travel bans continued to evolve, leading to a third version, including North Korea and Venezuela, while Sudan got removed from the list.

The third travel ban likewise faced scrutiny. But, it was upheld by the U.S. Supreme Court on June 26, 2018. The Supreme Court upheld the authority of the executive office to create travel bans. It also clarified that the final version of the executive order was not a "Muslim ban." The third executive order and the ruling of the Supreme Court affected the following countries:

1. Iran
2. Libya
3. North Korea
4. Somalia
5. Syria
6. Venezuela
7. Yemen

On Jan. 20, 2021, President Joe Biden's administration issued a proclamation ending the ban on entry to the United States.

Earlier Travel Bans

The United States has implemented travel and immigration bans on various groups of people throughout its history. Other examples include:

• Chinese Exclusion Act (1882) — This law explicitly banned immigrant laborers from China and also placed travel restrictions on Chinese Americans. In 1943, the U.S. government repealed the law, but strict quotas on Chinese immigrants remained until 1968.
• Immigration Act of 1903 — Anarchists and others considered to be "political extremists" were banned from entering the country following the 1901 assassination of President William McKinley by an anarchist. The law also prohibited beggars, prostitute importers, and people with epilepsy.
• Jewish refugees during WWII — President Franklin D. Roosevelt severely limited the number of German Jews who could enter the United States during World War II. He justified his decision by claiming that Nazi spies could hide among the refugees.
• Iranians (1980) — In the 1979 Iranian hostage crisis, Iran held more than 52 hostages for over a year. After this incident, President Jimmy Carter created a travel ban on Iranians.
• HIV-positive people — People who were HIV positive or living with AIDS were banned from entering the country in 1987 under President Ronald Reagan. The President George W. Bush administration started the process of lifting the ban. Then, the Barack Obama administration ultimately lifted it in 2009.

Note: All of the bans listed above have since expired or been overturned.

How To Seek a Waiver to a Travel Ban

If you're affected by a travel ban, you can seek a waiver if you're able to prove:

1. Denial of entry would cause you undue hardship
2. Your entry wouldn't pose a threat to national security and
3. Issuing a visa to you is in the national interest

You must apply for a visa at your respective U.S. embassy or consular office to apply for a waiver. But, waiver requests get processed on a case-by-case basis. The reasons for a waiver may include:

• Undue hardship. You should prove that denying entry to the U.S. would cause undue hardship. This means the unusual situation in your professional or personal life compels immediate travel to the U.S.
• National security. You should not be a threat to national security. If your entry to the U.S. does not endanger public safety or national security, you may qualify for a waiver.
• National interest. The issuance of a U.S. visa to you must be per national interest. This considers different factors, including economic interest, diplomatic relations, and humanitarian concerns.

The U.S. Department of State issues updated travel advisories. It is best to keep up to date with the travel restrictions for going to and from the United States.

Subject To a Travel Ban or Visa Restriction? Contact an Immigration Lawyer

Travel bans or visa restrictions can significantly impact your plans. It can separate you from family members and could complicate international travel. If you find yourself navigating the complex issues of U.S. immigration law, seek professional guidance. An immigration law attorney can help you understand your rights and the present travel rules. They can also offer tailored legal advice on applying for a U.S. visa, migrating to the U.S., and other issues related to immigration law.

Whether you are looking at overcoming travel bans and visa suspensions or ensuring your future international travel to the U.S., an immigration attorney can help you.