Government agrees to reconsider applications denied under Trump travel ban

The U.S. government has agreed to reconsider applications from more than 41,000 nonimmigrant visa applicants who were denied visas under the Trump-era travel ban.

The government faced lawsuits over the travel ban denials and agreed to reconsider the applications at a conference in U.S. District Judge James Donato’s courtroom last week. Under an order formalizing the agreement, the government:

• Will notify more than 41,000 applicants whose visas were denied that they can reapply for a nonimmigrant visas without paying a second fee.
• May set a “reasonable” time limit for individuals to reapply and will not refund individuals who already reapplied and paid a second fee.
• May require updated or new applications as required under relevant laws and regulations.

Background: On his first day in office, President Joe Biden rescinded the Trump-era bans on travel from several Muslim-majority countries. Biden directed the State Department to “pursue the processing of visa applications” for individuals from affected countries, but litigants said the administration’s efforts did not go far enough.

In August, Judge Donato ordered the government to address the “genuine injuries that continue to exist” despite the revocation of the travel ban. Last week, Judge Donato gave the government until Friday, Feb. 17, to provide the court with more detailed plans, including a proposal for providing notice to applicants and whether additional materials will be required in order to adjudicate visa applications.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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