DHS/DOS Impose 243(d) Visa Sanctions Against and Burma and Laos

Introduction

On July 10, 2018, the Department of Homeland Security (DHS), in coordination with the Department of State (DOS), announced visa sanctions against Burma and Laos due to their lack of cooperation in accepting the return of their nationals ordered removed from the United States [PDF version]. In this post, we will examine the process behind imposing the sanctions and their limited scope.

Background of Sanctions

The visa sanctions were imposed under section 243(d) of the Immigration and Nationality Act (INA). Secretary of State Mike Pompeo ordered consular officials in Burma (U.S. Embassy in Rangoon) and Laos (U.S. Embassy in Vientiane) to impose the section 243(d) visa sanctions after being notified by Secretary of Homeland Security Kirstjen Nielsen that the countries had denied or unreasonably delayed accepting their nationals ordered removed from the United States.

Reasoning

Section 243(d) allows the Secretary of Homeland Security to impose visa sanctions on countries that are recalcitrant in accepting the return of their nationals ordered removed.

The DHS and DOS consider this recalcitrance to be a serious issue. Notably, the DHS press release explains that under the Supreme Court of the United States decision in Zadvydas v. Davis, 533 U.S. 678 (2001) [PDF version], it must, with limited exceptions, release aliens with final orders of removable after six months of detention when there is no “significant likelihood of removal in the reasonably foreseeable future.”

Because Burma and Laos have been recalcitrant in issuing travel documents for their nationals ordered removed, the press release states that “ICE has been required to release Burmese and Lao nationals into the United States, some with criminal convictions.”

Visa Sanctions on Burma

Starting on July 9, 2018, the U.S. Embassy in Rangoon, Burma, stopped issuing B1 and B2 nonimmigrant visas to current officials at the Director General level and above at the Burmese Ministries of Labor, and Population and Home Affairs. Furthermore, the Embassy in Rangoon also stopped issuing B1 and B2 visas to the immediate family members. However, there are limited exceptions to the visa restrictions.

Visa Sanctions on Laos

Starting on July 9, 2018, the U.S. Embassy in Vientiane, Laos, stopped issuing B1, B2, and B1/B2 nonimmigrant visas to current officials at the Director General level and above at the Lao Ministry of Public Security and to the immediate family members of these officials. Furthermore, the Embassy in Vientiane stopped issuing A3 and G5 nonimmigrant visas to individuals employed by Lao government officials. However, there are limited exceptions to the visa restrictions.

Conclusion

The Trump Administration has made reducing the number of countries that are recalcitrant in accepting the return of their nationals a priority, and, by its account, has made inroads in doing so. On September 13, 2017, we discussed the DOS's decision to impose section 243(d) visa sanctions on Cambodia, Eritrea, Guinea, and Laos [see article].

The visa sanctions imposed against Burma and Laos are relatively narrow in scope, only applying to B1 and B2 visas (and B1/B2, A3, and G5 visas in the case of Laos) issued to a limited subset of nationals from these countries. These sanctions are in line with most of the recent 243(d) sanctions, with the exception of those imposed on Eritrea which applied to the issuance of all B visas.

Those with questions about the applicability of the section 243(d) visa sanctions on Burma, Laos, or any of the other recently sanctioned countries should consult with an experienced immigration attorney for case-specific guidance.