U.S. Supreme Court Allows Travel Ban to Go Into Effect, With Limitations
June 26, 2017
By Alan Perkins
On June 26, 2017, the U.S. Supreme Court (Court) permitted the "Travel Ban" set forth in the second Executive Order issued by President Trump on March 6, 2017 (EO-2) to temporarily go into effect, with constraints. EO-2 provided for a 90-day ban on U.S. entries by citizens of Iran, Libya, Somalia, Sudan, Syria, and Yemen. A preliminary injunction on the ban was upheld by the U.S. Court of Appeals for the Fourth and Ninth Circuits. Those decisions were then appealed to the U.S. Supreme Court, which has now ruled that a limited version of the travel ban will go into effect pending the Court issuing a decision on the preliminary injunction itself.
The Court has determined that the travel ban will not impact individuals from affected countries who have ties to the United States. The Court provides the following examples of such ties: close familial relationships, or relationships with entities like students attending universities, individuals working for companies, or lecturers for a U.S. audience. The Court notes that relationships must be bona fide and cannot be entered into simply for the purpose of avoiding the travel ban.
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration practice group, or the attorney with whom you normally consult.