Posted: 1:38 am ET
We previously blogged about visa sanctions in January 2017 for countries who refused to accept their deported nationals (see On Invocation of Visa Sanctions For Countries Unwilling to Accept Their Deported Nationals. Also read @StateDept Notifies Foreign Countries of New Information Sharing Standards Required For U.S. Travel.
Note that the Trump Executive Order: Enhancing Public Safety in the Interior of the United States include section 12 on countries who refused to accepted their nationals who are subject to removal by the United States:
Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate. The Secretary of State shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United States.
On September 12, the State Department released an update of its FAM guidance 9 FAM 601.12 on the “Discontinuation of Visa Issuance Under INA 243 (D). Per 9 FAM 601.12-2(C), the following countries are currently subject to discontinuation of visa issuance under INA 243(d): Cambodia, The Gambia, Guinea, Eritrea, and Sierra Leone.
Kevin Brosnahan, the spokesperson for the Department’s Bureau of Consular Affairs released the following statement:
The Secretary of State has ordered consular officers in Eritrea, Guinea, Sierra Leone, and Cambodia to implement visa restrictions effective September 13, 2017. The Secretary determined the categories of visa applicants subject to these restrictions on a country-by-country basis. Consular operations at the U.S. embassy will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.
The Department of State received notification under Section 243(d) of the Immigration and Nationality Act from the Department of Homeland Security for Eritrea, Guinea, Sierra Leone, and Cambodia. According to that section of the law, when a country denies or unreasonably delays accepting one of its nationals, the Secretary of Homeland Security may notify the Secretary of State. The Secretary must then order consular officers in that country to discontinue issuance of any or all visas. The Secretary determines the categories of applicants subject to the visa restrictions.
Below are the four countries, in addition to The Gambia that are currently under visa sanctions/restrictions. With the exception of Eritrea where the sanctions affect “Eritrean citizens, subjects, nationals, and residents,” the restrictions for the other countries are currently directed at government officials and their families.
CAMBODIA (see full notice here)
As of September 13, the U.S. Embassy in Phnom Penh, Cambodia has discontinued issuing B1, B2, and B1/B2 visas for Cambodian Ministry of Foreign Affairs employees, with the rank of Director General and above, and their families, with limited exceptions.
Under Section 243(d) of the Immigration and Nationality Act, when so requested by the Secretary of Homeland Security due to a particular country’s refusal to accept or unreasonably delay the return of its nationals, the Secretary of State must order consular officers to suspend issuing visas until informed by the Secretary of Homeland Security that the country in question has accepted the individuals.
GUINEA (see full notice here)
As of September 13, the U.S. Embassy in Conakry, Guinea has discontinued issuing B, F, J, and M visas to Guinean government officials and their immediate family members, with limited exceptions.
ERITREA (see full notice here)
As of September 13, 2017, the United States Embassy in Asmara, Eritrea, under instructions from the Secretary of State, has discontinued the issuance of non immigrant visas for business or pleasure (B1/B2) to Eritrean citizens, subjects, nationals, and residents. The Department of State may make exceptions for travel that is in the U.S. national interest, for emergency or humanitarian travel, and other limited exceptions.
SIERRA LEONE (see full notice here)
On Wednesday, September 13, the United States Embassy in Freetown, Sierra Leone will discontinue the issuance of B visas (temporary visitors for business or pleasure) to Ministry of Foreign Affairs officials and immigration officials.
Consular operations at the U.S. embassy or consulate will continue. These visa restrictions do not affect other consular services provided, including adjudication of applications from individuals not covered by the suspension.
THE GAMBIA (see announcement here)
The sanctions placed on The Gambia occurred last year. As of October 1, 2016, the United States Embassy in Banjul, The Gambia discontinued issuing visas to Gambian government officials, others associated with the government, and their families. The announcement says that the Department may make exceptions for travel based on U.S. international obligations and to advance humanitarian and other U.S. government interests.
Per FAM 601.12-3(C) (a) Public Notice of Discontinuation of Visa Issuance: During the period of discontinuation, posts should continue receiving and adjudicating cases; however, posts should explain the discontinuation of visas to all applicants covered by the order. The explanation should note that visas cannot generally be issued for certain visa classifications or categories of applicants as determined by the Secretary’s order, and explain that visa fees will not be refunded, but that the cases will be reviewed again once visa issuance resumes. The notification may be provided by flyers posted in the consular section and/or on the post’s website.
All the above notices are posted under the “News/Events” section of the embassies’ websites, which is understandable, but that is also not the section that visa applicants would first look when searching for visa information. One post did not include the information on non-refundable fees.