Trump’s September travel restrictions were his third attempt and were tailored to the countries involved, based on a review of almost 200 countries between March and July by the Department of Homeland Security (DHS).
“We cannot afford to continue the failed policies of the past, which present an unacceptable danger to our country. My highest obligation is to ensure the safety and security of the American people,” Trump said in a statement at the time.
“The restrictions and limitations imposed by this proclamation are, in my judgment, necessary to prevent the entry of those foreign nationals about whom the United States government lacks sufficient information to assess the risks they pose to the United States.”
The new rules do not apply to legal permanent residents of the United States, and visas already issued to citizens from those countries were revoked. Once nonimmigrant visas expire, however, they are subject to the new restrictions. Citizens from most of the countries listed will be unable to emigrate under the new ban.
The DHS review identified countries that needed to provide more information with visa applications to satisfy U.S. authorities that the individual is not a security or public-safety threat.
A country was also examined if it was a known or potential terrorist safe haven; whether it is a participant in the visa waiver program; and whether it regularly refuses to take back its nationals who are subject to deportation from the United States.
The DHS initially identified 16 countries as being “inadequate” and 31 additional countries as “at risk” of becoming “inadequate,” based on its criteria.
The State Department then spent 50 days engaging with those countries to help them meet the criteria and avoid travel restrictions.
“Those engagements yielded significant improvements in many countries,” the proclamation in September stated. “Twenty-nine countries, for example, provided travel document exemplars for use by Department of Homeland Security officials to combat fraud. Eleven countries agreed to share information on known or suspected terrorists.”
The Supreme Court said it expected any appeals decisions to be rendered quickly.