On Monday, December 4, 2017, the Supreme Court allowed the Trump Administration to begin enforcing the current version of the travel ban, Executive Order 3 (“EO-3”), denying visas and entry to citizens of eight mostly Muslim-majority countries. The countries affected are Iran, Libya, Somalia, Syria, Yemen, Chad, North Korea and Venezuela. The Supreme Court decision is not a final determination of the travel ban’s constitutionality; that question is still being argued in the lower courts, and will eventually be heard by the Supreme Court.
The Trump Administration announced the third version of the travel ban on September 24, 2017. Almost immediately, two lawsuits were filed in Hawaii and Maryland, arguing that by discriminating against Muslim-majority countries, the government is favoring one religion over others, and therefore violating the Constitution. Both district courts agreed to enter injunctions to prevent the travel ban from going into effect while the cases were being litigated. The Fourth Circuit later upheld a partial injunction. Monday’s Supreme Court decision removed the injunctions, allowing the travel ban to be enforced.
The brief, one-page decisions gave little insight into the Court’s thought process, besides noting that Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the government’s request for a stay. The fight over the merits of the travel ban will take place first in the Fourth and Ninth Circuits, where the lawsuits were filed, and then in the Supreme Court, which could hear the case as early as summer 2018.
Who does EO-3 apply to?
Individuals who are:
The ban does NOT apply to:
What visas are suspended under EO-3?
Unlike earlier versions of the travel ban, this Executive Order is designed to be in place indefinitely.
Who is eligible for a waiver?
Waivers may be granted on a case-by-case and discretionary basis. The person seeking a visa and admission to the US must prove that:
If you have a question about how the Travel Ban will affect you, your family, or your business, please schedule a consultation with our attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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