After lower courts rejected previous versions of the Trump travel ban, the U.S. Supreme Court has upheld the Trump administration's so-called Travel Ban 3.0 in a 5-to-4 decision. Travel Ban 3.0 applies to individuals from seven different countries, five of which have Muslim majorities. More specifically, the ban indefinitely suspends all immigrant and nonimmigrant visas to applicants from Iran, Somalia, Libya, Syria, and Yemen, whose citizens are predominantly Muslim, as well as applicants from North Korea and Venezuela.
Practical Effects of Travel Ban 3.0
This ban potentially impacts more than 135 million people, most of whom are from the five Muslim majority countries. Arguably, the ban has the greatest impact on Iran, which has over 80 million citizens. Iran has a long history of students coming to the U.S. to further their education, as well as almost a million Iranian-Americans now residing in the U.S. According to the National Iranian American Council, many Iranians are opting to study elsewhere because of the difficulties imposed by this ban.Waivers to the Ban Rarely Granted
The high Court ruled that Travel Ban 3.0 was not a ban on Muslims, as many critics claim, for two reasons. First, the ban does contain exceptions or waivers for certain individuals from the countries impacted by the ban. Consular officers who review visa applications have the general discretion to grant these waivers based on three main factors:- Whether denying entry to the U.S. would create an undue hardship;
- Whether the applicant represents a threat to national security; and,
- Whether granting entry would be in the national interest.
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