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Siskind Summary – The Chinese Student Travel Ban
The ban is official titled the “Proclamation on the Suspension of Entry as Nonimmigrants of
Certain Students and Researchers from the People’s Republic of China.”
The order starts out noting that China is on a campaign to acquire sensitive US technologies and
intellectual property to serve its military and threaten US security. China, the White House
argues, uses Chinese post-graduate students and post-doctorate researchers essentially as
spies.
Trump - “In light of the above, I have determined that the entry of certain nationals of the PRC
seeking to enter the United States pursuant to an F or J visa to study or conduct research in the
United States would be detrimental to the United States.”
Trump cites INA section 212(f), the same section of the law he’s used for the various other
travel bans, to justify this order.
Section 1. Suspension and Limitation on Entry.
The unrestricted entry into the US of nonimmigrants covered under the order is deemed
detrimental to the US. The order bars Fs and Js (except undergraduates) from coming to the US
as undergraduates if they
- Receive funding from an entity in China that implements or supports China’s “military-
civil fusion strategy”
- Are employed by, studies at or conducts research at (or were previously) on behalf of an
entity in China that implements or supports China’s “military-civil fusion strategy”
“Military-civil fusion strategy” means actions on behalf of China to acquire and divert foreign
technologies, specifically critical and emerging technologies, to incorporate into and advance
China’s military capabilities.
Sec. 2. Scope and Suspension and Limitation on Entry.
The proclamation doesn’t apply to the following people:
- Lawful permanent residents of the US
- Spouses of US citizens or lawful permanent residents
- Members of the US Armed Forces and their spouses and children
- People covered by Section 11 of the UN Headquarters Agreement or would otherwise
be allowed to enter the US based on the US’ obligations under applicable international
agreements
- People studying or conducting research in fields that won’t contribute the PRC’s
military-civil fusion strategy
- People whose entry furthers US law enforcement objectives
- People whose entry would be in the national interest
The order doesn’t bar people from seeking asylum, refugee status, withholding of removal or
protection under the Convention Against Torture.
Sec. 3. Implementation and Enforcement.
Those covered by Section 1 and 2 are to be identified by the State Department pursuant to
standards the State Department may establish. DOS and DHS will then bar the issuance of visas
to and entry of covered individuals. Those who seek to circumvent this will be a priority for
removal.
Section 4. Termination.
This is in effect until terminated by the President.
Section 5. Effective Date.
The order takes effect at 12 eastern time on June 1, 2020.
Section 6. Additional Measures.
The State Department shall consider whether people in the US already shall have their visas
revoked. Within 60 days, the State Department and Department of Homeland Security shall
review visa programs and make additional recommendations to the President.

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Siskind summary china f j ban

  • 1. Siskind Summary – The Chinese Student Travel Ban The ban is official titled the “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.” The order starts out noting that China is on a campaign to acquire sensitive US technologies and intellectual property to serve its military and threaten US security. China, the White House argues, uses Chinese post-graduate students and post-doctorate researchers essentially as spies. Trump - “In light of the above, I have determined that the entry of certain nationals of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States would be detrimental to the United States.” Trump cites INA section 212(f), the same section of the law he’s used for the various other travel bans, to justify this order. Section 1. Suspension and Limitation on Entry. The unrestricted entry into the US of nonimmigrants covered under the order is deemed detrimental to the US. The order bars Fs and Js (except undergraduates) from coming to the US as undergraduates if they - Receive funding from an entity in China that implements or supports China’s “military- civil fusion strategy” - Are employed by, studies at or conducts research at (or were previously) on behalf of an entity in China that implements or supports China’s “military-civil fusion strategy” “Military-civil fusion strategy” means actions on behalf of China to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance China’s military capabilities. Sec. 2. Scope and Suspension and Limitation on Entry. The proclamation doesn’t apply to the following people: - Lawful permanent residents of the US - Spouses of US citizens or lawful permanent residents - Members of the US Armed Forces and their spouses and children - People covered by Section 11 of the UN Headquarters Agreement or would otherwise be allowed to enter the US based on the US’ obligations under applicable international agreements - People studying or conducting research in fields that won’t contribute the PRC’s military-civil fusion strategy
  • 2. - People whose entry furthers US law enforcement objectives - People whose entry would be in the national interest The order doesn’t bar people from seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture. Sec. 3. Implementation and Enforcement. Those covered by Section 1 and 2 are to be identified by the State Department pursuant to standards the State Department may establish. DOS and DHS will then bar the issuance of visas to and entry of covered individuals. Those who seek to circumvent this will be a priority for removal. Section 4. Termination. This is in effect until terminated by the President. Section 5. Effective Date. The order takes effect at 12 eastern time on June 1, 2020. Section 6. Additional Measures. The State Department shall consider whether people in the US already shall have their visas revoked. Within 60 days, the State Department and Department of Homeland Security shall review visa programs and make additional recommendations to the President.