US issues sweeping visa ban on Palestinian passport holders
The US State Department has instructed its diplomats worldwide to refuse most nonimmigrant visas for individuals holding a Palestinian Authority passport, a new policy that effectively implements a de facto travel ban on a wide range of Palestinians.
The directive, which was not officially announced but outlined in a diplomatic cable dated August 18 and signed by Secretary of State Marco Rubio, requires consular officers to refuse visas for purposes such as medical treatment, business travel, university studies, and tourism, according to US media who have seen the memo.
It instructs US diplomats to "refuse nonimmigrant visas to 'all otherwise eligible Palestinian Authority passport holders'" who apply using that document. The policy applies to Palestinians residing in the West Bank, Gaza, and overseas.
This policy affects a wide array of visa categories, including those for students, professors, tourists, business travelers, and individuals seeking medical treatment.
A separate, prior suspension of visitor visas for all individuals from Gaza was also announced in August. Additionally, the State Department suspended a program that had allowed injured Palestinian children from Gaza to travel to the US for medical treatment.
The legal basis for the refusal is rooted in a specific interpretation of US immigration law. The diplomatic cable reportedly instructs consular officers to invoke Section 221(g) of the Immigration and Nationality Act (INA).
This section is typically used on a case-by-case basis when an application requires "administrative processing" for a more in-depth review, often due to security or eligibility concerns.
While the policy is broad, it does include specific exceptions. It does not apply to Palestinians applying for immigrant visas, which are for those seeking permanent residency in the US.
It also does not affect individuals who hold dual nationality and apply for a nonimmigrant visa using a passport from a different country.
Palestinian Authority Ban
This broad measure follows a previous public announcement on August 29 that the US was denying and revoking visas for senior members of the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA), including President Mahmoud Abbas, ahead of the United Nations General Assembly (UNGA) in New York.
In a statement, the State Department justified the actions as being in US "national security interests".
It accused the PA of "undermining the prospects for peace" by engaging in "lawfare", a term referring to the Palestinian leadership’s appeals to the International Criminal Court (ICC) and International Court of Justice (ICJ) over ‘Israeli’ abuses during the war in Gaza.
The statement also called on the PA and PLO to “consistently repudiate terrorism” and “end incitement”.
The new policy has been met with swift international condemnation. The Palestinian Authority presidency expressed its "deep regret and astonishment," stating that the decision "contravenes international law". UN spokesman Stephane Dujarric confirmed the world body would seek clarification, emphasizing the importance of all permanent observers being able to be represented.
European nations have also voiced strong criticism. The foreign minister of Luxembourg has suggested convening a special session of the UN General Assembly in Geneva to allow Palestinian representatives to attend, an unprecedented diplomatic move previously taken in 1988 when the U.S. denied a visa to then-PLO Chairman Yasser Arafat. Spanish Prime Minister Pedro Sanchez posted on social media that Palestine has the "right to make its voice heard" at the UN.
The policy reportedly invokes Section 221-G of the Immigration and Nationality Act, a legal tool typically used to temporarily hold an application that requires further "administrative processing".
