December 06, 2017

Supreme Court Allows Full Enforcement of Travel Ban During Ongoing Legal Challenges

On Monday, December 4, 2017 the Supreme Court ruled that President Trump’s most recent travel ban order may be fully enforced while legal proceedings continue in lower courts. The current travel ban order suspends entry to the United States by certain nationals of the following countries:

Chad Immigrants and temporary visitors on business or tourist visas (B-1/B-2)
North Korea All immigrants and nonimmigrants
Venezuela Certain government officials and their immediate family members on business or tourist visas (B-1/B-2);

Other visa holders will be subject to additional security measures

Iran Immigrants and nonimmigrants

EXCEPT: F (student), M (vocational student), and J (exchange visitor) visas are permitted but will be subject to enhanced screening and vetting requirements

Libya Immigrants and temporary visitors on business or tourist visas (B-1/B-2)
Somalia Immigrants

Requires enhanced screening and vetting of all nonimmigrants

Syria All immigrants and nonimmigrants
Yemen Immigrants and temporary visitors on business or tourist visas (B-1/B-2)

Iraqi nationals seeking to enter the United States are subject to enhanced screening under the travel ban order as well. A case-by-case waiver is available if a national from a designated country shows that being denied entry would cause undue hardship to the individual, that their entry would not pose a threat to U.S. national security or public safety, and that their entry is will be in the national interest.

Two legal challenges to President Trump’s travel ban are currently pending: Hawaii v. Trump in the 9th Circuit (oral argument scheduled for December 6) and International Refugee Assistance Project v. Trump in the 4th Circuit (oral argument scheduled for December 8). Following decisions in those circuit court cases, it is possible that the cases will ultimately be appealed again to the Supreme Court, where a decision will be made based on the constitutionality and merits of the travel ban order.

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