India Travel Restrictions Update
The Department of State (DOS) has published guidance relating to the Presidential Proclamation restricting the entry of nonimmigrant travelers who have been physically present in India, which became effective May 4, 2021. The DOS will be granting National Interest Exceptions for qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security. In addition, certain key classes of travelers will qualify for National Interest Exemptions, including: fiancé(e)s; students; travelers who are seeking to provide vital support for critical infrastructure sectors; journalists; pilots and crew; certain exchange visitors; and certain family members.
The EU Starts the Process to Open up for Vaccinated Travelers
The European Union has announced it is working towards allowing vaccinated travelers to visit the member’s countries starting in late June. U.S. travelers with vaccinations would be eligible under the new rules. “We propose to allow entry to the E.U. for nonessential reasons,” said European Commission spokesman Adalbert Jahnz, “for all people who have received the last recommended dose of an E.U.-authorized vaccine.”
REAL ID Enforcement to be Delayed Again
The Department of Homeland Security has published an interim final rule further delaying the enforcement mechanism of the REAL ID Act regulations. REAL ID requirements were set to go live in October of 2021, however numerous factors have affected its implementation including delays to DMV operations due to Covid-19, harmonization effects between all the states, immigrant rights complaints and more. REAL ID card enforcement is now proposed to begin May 3, 2023.
Immigration Notice Requirement at the SCOTUS
The Supreme Court issued an opinion in Niz-Chavez v. Garland against the government. Justice Gorsuch wrote the majority opinion, joined by the three liberal justices and Justice Clarence Thomas. Although a relatively technical matter, the case is critically important for individuals in immigration proceedings and the strict “stop time” rule. The ruling should also require the government to follow precedent and the plain language of the law in issuing a single charging document to individuals in removal proceedings rather than multiple documents.
Tully Rinckey is able to assist people and organizations world-wide with domestic and international immigration matters. Attorney Michael Freestone is well versed in representing large corporations and is able to navigate complex immigration issues and analyze the facts and recommend the best course of action.