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In the White House travel ban announcement Under the Section 7 part (a) I can see that:

The restrictions and limitations established in section 2 of this proclamation are effective at 3:30 p.m. eastern daylight time on September 24, 2017, for foreign nationals who: (i) were subject to entry restrictions under section 2 of Executive Order 13780, or would have been subject to the restrictions but for section 3 of that Executive Order, and [...]

Does that mean that the effective date of travel ban would be September 24, 2017?

I'm asking because I noticed under Section 3 of the same document:

... this proclamation shall apply only to foreign nationals of the designated countries who:

(i) are outside the United States on the applicable effective date under section 7 of this proclamation;

(ii) do not have a valid visa on the applicable effective date under section 7 of this proclamation; and ...

Many people potentially affected by the ban where present in the states this summer so I'm hoping to understand better what the effective date of the ban is.

  • It seems that if they had visa's issued prior to the travel ban, that those travel visa's would still be valid and they would be able to travel. Depending on the type of visa awarded, its validity may extend up to 10 years and cover planned and not-yet-planned travel. – Ron Beyer Jul 2 '18 at 18:43
  • That's correct. I want to know more specifically what date this sentence "are outside the United States on the applicable effective date under section 7 of this proclamation;" is referring to. – Drosera capensis Jul 2 '18 at 19:05
  • I'm not sure what the question is... the "applicable effective date under section 7" is pretty clearly stated in your first block quote: "3:30 p.m. eastern daylight time on September 24, 2017". So that applies to individuals who are outside of the US and do not have a valid visa on the stated effective date. So if they were outside of the U.S. and didn't get a visa stamp by 3:29pm on Sept 24, 2017 they would be banned from travel. – Ron Beyer Jul 2 '18 at 20:19
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The proclamation says that the restrictions "are effective at 3:30 p.m. eastern daylight time on September 24, 2017" for persons who both "lack a credible claim of a bona fide relationship with a person or entity in the United States" and "were subject to entry restrictions under section 2 of Executive Order 13780, or would have been subject to the restrictions but for section 3 of that Executive Order". North Koreans and Iraqis (etc) with bona fide relationships were not covered under section 2 of the earlier order, and a different effective date exists for them under Sec 3(b):

The restrictions and limitations established in section 2 of this proclamation are effective at 12:01 a.m. eastern daylight time on October 18, 2017, for all other persons subject to this proclamation

In other words, there are two different dates, one for those covered by the older order, and a later date for those added to the excluded list. For instance, if an Iraqi with a bona fide relationship was outside the US on Oct. 18 2017, also did not have a valid visa on that date, and didn't have a cancelled visa from the Jan. 27 event, then that person would be subject to the restriction. For an Iraqi without a bona fide relationship, the relevant date is Sept. 24.

  • Is there a clear definition or category of what counts as a bona fide relationship anywhere? – Drosera capensis Jul 2 '18 at 22:29
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    No, it's complicated. SCOTUS gave a hint on p. 12 of Trump v. IRAP on June 26, 2017. A "close familial relationship" suffices in the case of a person, but the examples they cited were limited to "wife" and "mother-in-law". Dept. of State has issued different definitions. A year ago, DHS took a position in q28 at dhs.gov/news/2017/06/29/… – user6726 Jul 2 '18 at 23:04

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