The State Department instructed US embassies and consulates on Friday not to revoke visas previously issued to people from 12 mainly African and Middle Eastern countries now under President Donald Trump’s new travel ban, which goes into effect next week.
In a cable sent to all US diplomatic missions, the department said “no action should be taken for issued visas which have already left the consular section” and that “no visas issued prior to the effective date should be revoked pursuant to this proclamation.”
However, visa applicants from affected countries whose applications have been approved but have not yet received their visas will be denied, according to the cable, which was signed by Secretary of State Marco Rubio.
And, unless an applicant meets narrow criteria for an exemption to the ban, his or her application will be rejected starting on Monday.
Prohibit travel
President Donald Trump on Wednesday announced a ban that is set to prohibit travel to the US from a dozen countries including seven in Africa, alleging security risks.
In Africa, the Trump's order specifically prohibits people from Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Libya, Somalia and Sudan from entering the US.
An additional three African countries - Burundi, Sierra Leone and Togo - will face partial restrictions.
Still, the cable from the State Department, a copy of which was obtained by The Associated Press, suggests there should be no issue for current visa holders from the affected countries entering the United States after the restrictions take effect on June 9 at midnight ET.
Legal challenges
During Trump’s first term, a hastily written executive order ordering the denial of entry to citizens of mainly Muslim countries created chaos at numerous airports and other ports of entry, prompting successful legal challenges and major revisions to the policy.
The new proclamation, which Trump signed on Wednesday, appears designed to beat any court challenge by focusing on the visa application process.
Rubio’s cable says the only people who should be denied entry into the U.S. are those currently outside the United States who do not have a valid visa on the effective date.
Despite Rubio's cable, physically entering the United States at a port of entry is not controlled by the State Department. It is up to the Department of Homeland Security and the discretion of individual Customs and Border Patrol agents to determine if a visa holder is admitted or turned away.
