What we know about the US government’s expansion of travel restrictions to 75 countries
In this advisory we do our best to explain what we know about recent changes in US immigration policy and procedure. We remain steadfast in our commitment to helping our community navigate these tumultuous, inexplicable, and often cruel changes in US immigration policy and practice. Of course, this email only provides information and should not be considered legal counsel, which can only be provided in reference to the facts of your specific case. Professionals in the performing arts should feel free to contact TamizdatAVAIL if they have questions.
On Wednesday, January 14, the US State Department announced that on January 21 it will indefinitely pause the issuance of immigrant visas for applicants from 75 countries. The new rules only impact immigrant visa applications (for those seeking permanent residence/green cards from outside of the US). Individuals seeking nonimmigrant visas (such as O, P, or B classification) are not impacted.
This new policy is legally different from some of the prior travel bans and restrictions in several ways:
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The stated purpose of this policy is not to address security concerns, but to allow the US government to reassess procedures for determining whether applicants are likely to become financially dependent on the US government once they become lawful permanent residents.
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It only affects people applying with a passport from a restricted country, and does not impact dual citizens who hold a passport from a non-restricted country or people who were merely born in a restricted country but are citizens of a non-restricted country.
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The new restriction applies to citizens of the following 75 countries: Afghanistan*, Albania, Algeria, Antigua and Barbuda**, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma*, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire**, Cuba**, Democratic Republic of the Congo, Dominica**, Egypt, Eritrea*, Ethiopia, Fiji, Gambia**, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti*, Iran*, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos*, Lebanon, Liberia, Libya*, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria**, Pakistan, Republic of the Congo*, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal**, Sierra Leone*, Somalia*, South Sudan*, Sudan*, Syria*, Tanzania**, Thailand, Togo**, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen*.
*Currently included on full travel ban list
**Currently included on partial travel ban list
Where do we go from here? What can we do about this?
As the Trump administration continues to restrict legal immigration pathways, target immigrants and diaspora communities, and undermine the rule of law in the US, our legal advocacy community is doing phenomenal work to push back against their cruel and unfair policies and practices. National organizations like IMMpact Litigation, National Immigration Law Center, American Immigration Counsel, Immigrant Legal Resource Center, ACLU, Artistic Freedom Initiative and Safe Passage Project, join Tamizdat, CoveyLaw and countless regional and local organizations, law firms, and grassroots efforts to protect immigrants and the diversity of our nation. Please support these organizations in whatever ways you can.
For more information please join Tamizdat and CoveyLaw for our January “Office Hours” webinar, “Who is banned? How new travel restrictions and bans impact US visa eligibility,” on January 21 at 11am EST. We’ll explore how the Trump administration has issued and proposed a hailstorm of rules that aim to limit travel to the US for people from certain countries or with certain circumstances. Register for this webinar here.