Updated Immigration & Travel Policies for the United States of America
On January 27th, 2017, President Donald Trump signed an executive order restricting the travel of foreign nationals to the United States from seven countries in the Middle East to the United States. The countries listed on the order include Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. After several defeats in lower circuit courts, the Supreme Court enacted parts of the travel ban on June 26th, 2017 (see update below).
Who Does it Affect?
The order prohibits citizens of these countries from entering the United States for a period of 90 days, and it completely suspends the country’s refugee system for a period of 120 days.
The ban completely suspends the US Syrian refugee program indefinitely, and it reduces the cap on the total number of refugees allowed to enter the United States this year from 110,000 down to 50,000.
The Supreme Court of the United States agreed on Monday to let part of the immigration travel ban proposed by President Trump to go into effect for some travelers, reversing the actions of lower federal courts that had put the policy on hold; despite the lower court’s rulings, a majority has forgotten or ignored that these powers are within the authority of the executive branch.
That said, the ruling allows for travelers with established, provable relationships with citizens of the United States to travel, although this still leaves everything in the hands of TSA agents on the front-lines (another reason to fly private). Clients with qualifying relationships in the United States should still have access to our private jet charter services when traveling to the US. Unfortunately, if you’re not able to meet the prerequisites for travel under the new guidelines, you will not be able to arrange your charter flight to the United States.
The Supreme Court also agreed to hear cases involving travelers from six predominantly Muslim countries and international refugees scheduled for this October, leaving open the possibility that it reverses Monday’s decision if challengers to the travel ban can prove it is illegal or unconstitutional.
Read more information regarding the ruling:
View the Full Text Here: https://assets.documentcloud.org/documents/3431047/Extreme-Vetting-EO.pdf
The order does not prohibit entry of, or visa issuance to, travelers with diplomatic visas, and exemptions are made for North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas.
Permanent, law-abiding residents of the US traveling on a valid I-551 (Green Card) will be allowed to board aircraft traveling to the United States, and will be reviewed at ports of entry as deemed necessary.
How Do the Restrictions Affect Private Aviation?
If you’re a citizen from one of the 7 countries listed, and you do not have dual-citizenship in the United States or an exemption-qualified visa, you will not be able to charter a private flight into the United States.
Air Charter Advisors will still be able to assist clients in these regions traveling to other nations, provided clients carry a valid passport and are permitted legal entry into their destination.
It’s important to note – this executive order may be in conflict with the Immigration and Nationality Act of 1965, which prohibits discrimination against immigrants on the basis of national origin, and its constitutionality is being challenged in court.
The order has already been temporarily blocked by a U.S. District judge, while the Department of Homeland Security has stated the will order remains in place, setting the stage for the issue to move through the court system.
A federal judge in Hawaii issued a temporary restraining order against the President’s revised travel ban last week, and has rejected a federal government motion asking to limit his injunction to the portion of the travel ban executive order that restricts travel to the U.S. by citizens of six majority-Muslim countries. Again, this effectively lifts the second attempt at an executive order regarding immigration and travel to/from the United States, and will continue to make its way through the court system.
The San Francisco-based 9th U.S. Circuit Court of Appeals issued a temporary restraining order on the executive order, and a federal appeals court has unanimously rejected a Trump administration request to allow its travel ban to take effect. This effectively lifts the executive order regarding immigration and travel to/from the United States, and will continue to make its way through the court system.
Please visit the official DHS website for the latest news and changes regarding travel restrictions to the United States: https://www.dhs.gov/