WASHINGTON — On Thursday, the Department of Homeland Security announced that it is continuing its implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 with the addition of Libya, Somalia, and Yemen as three countries of concern, limiting Visa Waiver Program travel for certain individuals who have traveled to these countries. 

Pursuant to the Act, the Secretary of Homeland Security had sixty days to determine whether additional countries or areas of concern should be subject to the travel or dual nationality restrictions under the Act.

In a press release, the DHS said the Director of National Intelligence and the Secretary of State, the Secretary of Homeland Security determined that Libya, Somalia, and Yemen be included as countries of concern, specifically for individuals who have traveled to these countries since March 1, 2011. 

The DHS said the restriction on Visa Waiver Program travel will not apply to dual nationals of these three countries. The DHS said it will continue to consult with the Department of State and the Office of the Director of National Intelligence to develop further criteria to determine whether other countries would be added to this list. 

Last month, the US began implementing changes under the Act. The three additional countries designated, join Iran, Iraq, Sudan and Syria as countries subject to restrictions for Visa Waiver Program travel for certain individuals. 

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the U.S. Such waivers will be granted only on a case-by-case basis. 

Categories of travelers who may be eligible for a waiver include individuals who traveled to these countries on behalf of international organizations, regional organizations, and sub-national governments on official duty; on behalf of a humanitarian NGO on official duty; or as a journalist for reporting purposes.

The DHS said the move is the latest step in a series of actions over the past 15 months to strengthen the security of the Visa Waiver Program and ensure the Program’s requirements are commensurate with the growing threat from foreign terrorist fighters, many of whom are nationals of Visa Waiver Program countries.

An updated Electronic System for Travel Authorization (ESTA) application with additional questions on travel to Libya, Somalia, and Yemen will be released this spring 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act. 

Individuals impacted will still be able to apply for a visa using the regular immigration process at U.S. embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates are ready to provide visa interview appointments on an expedited basis. The new law does not ban travel or admission to the country and the great majority of Visa Waiver Program travelers will not be affected.

In a press release, the American-Arab Anti-Discrimination Committee (ADC) criticized the DHS.

“ADC is deeply alarmed by the extension of discriminatory travel prohibitions to additional Arab nations,” said the press release. “There is no empirical evidence to support that these travel bans will effectively strengthen the Visa Waiver Program. These regulations are more likely to screen out health and aid workers, clergymen, journalists, teachers, translators, businessmen and others who help get their families and loved ones to safety. Politicians should not forget that many people who traveled to these countries helped to expose the humanitarian crisis and save many civilians from death. These restrictions essentially penalize them for their morals and dedication to humanity.”

More information on visa applications can be found at travel.state.gov.