Memo: A Snapshot of Visas and Waivers Over One Year of the Muslim Ban
Lack of information on the implementation of the Muslim Ban has served as one of the greatest impediments to challenging it. January 27, 2019 marked two years since the Muslim Ban first went into effect as Executive Order 13769. It was repackaged as Executive Order 13780, signed on March 6, 2017, and finally Presidential Proclamation 9645, issued on September 24, 2017. Last week, the State Department finally delivered statistics on the Muslim Ban to Senator Van Hollen thanks to his tireless efforts to seek answers. Below are some key findings based on the statistics released:
Iranians Only Granted Waivers in 1.6% of Cases
- Between December 8, 2017 and October 31, 2018:
- 19,163 Iranians rejected under ‘undue hardship’ or ‘national interest’ criteria.
- 5,978 languished in administrative processing for the national security element of the waiver process.
- Iranians represent 21,089 out of 31,304 total nonimmigrant visas and 8,545 out of 17,352 total immigrant visas subject to ban during this period.
- Of those rejected for a waiver for failure to prove undue hardship or national interest criteria, Iranians represent 77% of rejections. 19,163 out of 24,584 total.
- Only 413 met the conditions for a waiver. This is an abysmally low 1.6%.
- In other words, for every one Iranian who qualified for a waiver, 46 were rejected.
- Not all of those who qualified for a waiver received a visa. For every 71 applicants, only 1 Iranian was issued a visa.
Iranian Students Exempted But Still Impacted
- All Iranian immigrant visa applicants were subject to the ban, however it makes an exception for Iranian nationals under valid student (F and M) and exchange visitor (J) visas. Out of 25,752 Iranian nonimmigrant visa applicants, 21,089 were subject to the Muslim Ban and 4,663 were exempted under F, M, and J visas.
- However, State Department statistics that are released monthly show that only 2,160 F, M, and J visas were actually issued during this period. Numerous students who previously received visas were unable to renew them and complete their studies. For some perspective, in 2015, there were 4,944 F, M, and J visas issued to Iranian nationals according to the State Department’s annual statistics. This is an approximately 56% drop.
Numbers Reveal that the Ban is Still a Muslim Ban Despite the Addition of Venezuela and North Korea
- Venezuela was added to Proclamation 9645 (Muslim Ban 3.0) in an embarrassingly transparent effort by the Trump administration to distract from the Islamophobic nature of the ban. However, the Venezuelan ban only applies to B-1/B-2 visas and only to officials of select government agencies such as the Bolivarian National Intelligence Service. Thus the addition of Venezuela was meaningless and the newly released numbers reflect as much:
- Out of 3,093 Venezuelan immigrant visa applicants and 87,573 nonimmigrant visa applicants not a single one was subject to the ban.
- Visas are suspended for all North Korean nationals but due to the nature of U.S.-North Korean relations this has only impacted 62 visa applicants compared to tens of thousands from other countries.