Guidelines unclear as officials finalize details of Trump’s revived travel ban
WASHINGTON — Senior officials from the departments of State, Justice and Homeland Security labored Wednesday to finalize rules for visitors from six mostly Muslim nations who hope to avoid the Trump administration’s revived travel ban and come to the United States.
The deliberations came as U.S. embassies and consulates awaited instructions on how to implement this week’s Supreme Court order that partially reinstated the ban after it was blocked by lower courts. The administration has given itself a Thursday deadline for implementing the scaled-back ban, which applies to visitors from Syria, Sudan, Somalia, Libya, Iran and Yemen.
The justices’ opinion exempts applicants from the ban if they can prove a “bona fide relationship” with a U.S. person or entity. Government lawyers must determine how to define such a relationship. The court offered only broad guidelines — suggesting they would include a relative, a job offer or an invitation to lecture in the U.S.
Shortly after the court’s ruling, the State Department advised all U.S. diplomatic posts to await instructions.
Until the new guidance is complete, posts were told to process applications as they had been, officials familiar with the situation said.
Homeland Security Secretary John Kelly said Wednesday that his agency is now starting to examine what more can be done to better determine who is coming into the country and why. During a speech at a security event in Washington he did not address the travel ban’s implementation.
President Donald Trump’s initial travel ban in January led to chaos at airports around the world, but airlines say they don’t expect similar problems this time. After a judge blocked the original ban, Trump issued a scaleddown order, and the court’s action Monday further reduced the number of people who would be covered by it. While the initial order took effect immediately, adding to the confusion, this one was delayed 72 hours after the court’s ruling.
Virgin Atlantic said it was working with Customs and Border Protection, the Homeland Security agency responsible for admitting arriving foreigners into the United States. The airline said anyone with valid travel documents is expected to be able to travel to the U.S. as normal, but it recommended that passengers from the six countries check first with the U.S. Embassy.
Some immigration groups plan to send lawyers to airports in case problems arise. The Dulles Justice Coalition, which established a pool of volunteer attorneys at Dulles International Airport after the first travel ban, is planning to return to the Virginia airport, said DJC board member Sirine Shebaya.
When new instructions would be distributed remained unclear. Among other questions lawyers had was how specific the instructions should be in interpreting a “bona fide relationship.”
A broad interpretation could allow for a contract or a reservation with a rental car agency or a hotel in the U.S. to be considered a legitimate relationship, the officials said. Similarly, an applicant’s relationship with a distant, nonblood relative in the U.S. could be considered legitimate.
The officials said the guidance might not delve into such specifics and leave consular officers with discretion to make their own determinations.