Time Out /Newsweek
It seems like the news changes daily. President Trump’s original January 20 executive order asked the State Department to identify countries where passengers to the U.S. may not be stringently examined and checked—to the degree that the U.S. would not admit them. Since then, there has been “credible reporting,” according to the Guardian, citing two Yale law professors’ emails, that nationals from targeted countries may be banned from entering the U.S. The professors Muneer Ahmad and Michael Wishnie urged students studying in those countries to consider returning to the U.S. right away or staying in the U.S. if they are already here. Here's what we know so far:
What are President Trump’s new travel bans?
These possible travel bans affect people from other countries trying to visit the United States. The Trump administration has initially suggested a sweeping ban against entry for residents of as many as 43 countries, with 11 nations specifically targeted for a complete travel prohibition, as reported by the Guardian.
Which countries face U.S. travel restrictions?
The 11 "red tier" countries whose residents might face a total ban against coming to the U.S.:
- Afghanistan
- Bhutan
- Cuba
- Iran
- Libya
- North Korea
- Somalia
- Sudan
- Syria
- Venezuela
- Yemen
There is also a second “orange” tier identifying countries with sharp visa restrictions on entering the U.S.:
- Belarus
- Eritrea
- Haiti
- Laos
- Myanmar
- Pakistan
- Russia
- Sierra Leone
- South Sudan and
- Turkmenistan
In a third “yellow” tier, 21 countries (most of them in Africa) would be given 60 days to address security concerns:
- Angola
- Antigua and Barbuda
- Benin
- Burkina Faso
- Cambodia
- Cameroon
- Cape Verde
- Chad
- Republic of Congo
- Democratic Republic of Congo
- Dominica
- Equatorial Guinea
- Gambia
- Liberia
- Malawi
- Mali
- Mauritania
- Kitts and Nevis
- Lucia
- São Tomé and Príncipe
- Vanuatu
- Zimbabwe
Why are these travel bans being put in place?
The Trump administration seeks to detect national security threats from people entering the country, citing that other countries’ process of “vetting and screening information is so deficient.”
TIPS FOR TRAVELLERS ENTERING THE USA - CHECK YOUR VISA, SWITCH OFF YOUR PHONE
The United Kingdom and Germany have updated their travel advice for citizens planning to visit the United States, warning of potential arrest or detention if they fail to comply with entry requirements.
Citizens are urged to ensure they have the correct documentation and to adhere to all visa conditions when entering the country.
The U.S. has a range of entry requirements, including needing an Electronic System for Travel Authorization (ESTA) approval for short-term visits under the Visa Waiver Program.
Failure to meet these requirements can result in travellers being denied entry, detained, or deported.
Why It Matters
On March 9, a French scientist was denied entry to the U.S. while on assignment for the French National Centre for Scientific Research (CNRS) after immigration officers searched his phone and found messages that were critical of President Donald Trump, the Guardian reported.
Additionally, U.K. tourist Becky Burke was deported from the U.S. earlier this month after enduring 19 days in a U.S. detention facility, according to the BBC. She was detained by U.S. immigration officials despite believing she had followed the correct procedures for her entry requirement.
What To Know
For many visitors from Visa Waiver Program (VWP) countries, applying for authorization through the Electronic System for Travel Authorization (ESTA) remains a mandatory requirement.
The VWP allows most citizens from 43 countries to travel to the U.S. without a visa for tourism or business for stays of up to 90 days. The ESTA is therefore not a visa, but a pre-screening system used by U.S. Customs and Border Protection (CBP) to determine the eligibility of travellers entering under the VWP.
But the CBP warns: "An approved ESTA does not guarantee entry; the final decision rests with border officers."
The official ESTA application website processes these applications, and approvals are typically valid for two years. Travelers can visit the U.S. State Department website to see if their country is included in the VWP program.
However, individuals from VWP countries who have travelled to Iran, Iraq, North Korea, Syria, Sudan or Cuba, or who hold dual nationality with those countries, do not qualify for the VWP.
Instead, they must apply for a visa through the U.S. Department of State's visitor visa process, which includes an in-person interview and fingerprinting.
To apply for a visitor visa (B-1/B-2), travelers must complete the online DS-160 form, pay a non-refundable application fee, and schedule an interview (if you are between the ages of 14 and 79) at a U.S. embassy or consulate.
Applicants must provide a passport, photo, and documentation showing the purpose of the trip and intent to return home, such as proof of employment or family ties.
Additional biometric information may be required depending on the applicant's country of origin.
What People Are Saying
Germany's Foreign Ministry wrote on its website on Wednesday: "A criminal conviction in the United States, false information regarding the purpose of stay, or even a slight overstay of the visa upon entry or exit can lead to arrest, detention, and deportation upon entry or exit."
It added: "Neither a valid ESTA authorization nor a valid U.S. visa constitutes a right to entry into the USA. The final decision regarding entry is made by the U.S. border official. It is recommended that you bring proof of your return journey (e.g. flight booking) upon entry."
The U.K. issued similar guidance, stating on Thursday: "You should comply with all entry, visa and other conditions of entry. The authorities in the U.S. set and enforce entry rules strictly. You may be liable to arrest or detention if you break the rules."
Nick Parkinson, partner at the UK-based law firm TravLaw, told Newsweek: "The fact that having a VISA/ESTA does not guarantee entry into the USA is nothing new but, perhaps, occasionally overlooked by many travellers. My assumption is that stories of travellers being detained or refused entry on arrival are on the rise as part of an increase in checks and/or stricter decision making at the U.S. border – no doubt in keeping with the new Trump regime's desire to appear strict on border control.
"The bottom line is that, so long as travelers meet all the criteria for entry and have 'nothing to hide' and have not concealed anything, it is unlikely that they will run into trouble at the border."
What's Next
Travelers are advised to verify their visa status and entry eligibility before departing, as U.S. border agents retain discretion to deny travellers entry regardless of prior approval.
US Customs and Borders - https://www.cbp.gov/travel/international-visitors/know-before-you-visit
