On June 26, 2017, the U.S. Supreme Court granted certiorari and consolidated two key lower court cases related to the Trump Administration’s Executive Orders (“EO’s”) on travel and refugees issued earlier in 2017. The consolidated case will be heard during the Court’s first session of the October 2017 term. The Court also granted a partial stay of the injunctions preventing implementation of the travel ban of nationals of affected countries and ban on refugees from all countries but seemingly, the new order will not apply to many people while the Court case proceeds. The order does permit the Trump Administration to proceed with its planned review of world-wide visa security and screening procedures.
The Court-permitted ban is much narrower than the Trump Administration’s EO’s. Under the court order, officers of the Department of Homeland Security (“DHS”), the US. Department of State (“DOS”) and others are authorized to ban for a period of 90 days travelers from the six affected countries: Libya, Iran, Sudan, Syria, Yemen and Somalia, but only if those in question cannot demonstrate a bona fide relationship with a U.S.-based family member or entity. Refugees without a bona fide relationship with a U.S. individual or entity will be banned for a period of 120 days. Also, travelers cannot seek to establish a relationship with an entity solely for the purpose of evading the EO’s.
For individuals, a close family relationship is needed to overcome the ban. An individual who seeks to enter the U.S. to live with or visit a family member, such as a spouse or mother-in-law, “clearly” has such a relationship in specific examples outlined by the court order. With regard to entities, the relationship must be formal, documented and formed in the ordinary course of business. The Court cited examples of an offer of employment from a U.S. company, or a lecturer invited to address a U.S. audience as having a relationship with a U.S. entity.
On June 26, 2017, the DHS issued a statement confirming that it would later provide details on implementation after consultation with the Department of Justice (“DOJ”) and the DOS. The DHS further advised that implementation of the Court order “will be done professionally with clear and sufficient public notice, particular to potentially affected travelers, and in coordination with partners in the travel industry.”
The new ruling appears to affect only a very small number of travelers to the U.S. and should not affect the following depending on instructions coming from the DHS:
- Individuals with current valid visas (from the six affected countries) may continue to use their visas to travel to the U.S.
Those who are applying for visas will need to demonstrate a bona fide relationship with a person or entity in the U.S. during their visa interview.
- Lawful Permanent Residents of the U.S., Asylees and others exempted from the EO’s including those already admitted as refugees, individuals traveling on advance parole and those granted withholding of removal and/or CAT (Convention Against Torture) are not included in the ban.
- Diplomats holding NATO, C-2, G-1, G-2 and G-3 or G-4 visas as well as dual nationals traveling on a passport issued by a non-affected country will be able to travel freely without having to demonstrate a bona fide relationship with a person or entity in the U.S.
- Refugees who are authorized to enter the U.S. have a bona fide relationship with refugee agency may have a bona fide relationship with a U.S. entity.
- Temporary workers from affected countries applying for an H, L, E, I, O P, Q or R nonimmigrant visas who have accepted an offer of employment from a U.S. company should be able to demonstrate a bona fide relationship with a U.S. entity.
This client alert is published by Dickinson Wright PLLC to inform our clients and friends of important developments in the field of immigration. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered here.
DW Immigration: Global Mobility with a Personal Touch!
FOR MORE INFORMATION CONTACT:
Elise S. Levasseur is a Member in Dickinson Wright’s Troy office. She can be reached at 248.433.7520 or email@example.com.
Christian S. Allen is Of Counsel in Dickinson Wright’s Troy office. He can be reached at 248.433.7299 or firstname.lastname@example.org.
Lisa D. Duran is a Member in Dickinson Wright’s Phoenix office. She can be reached at 602.285.5032 or email@example.com.
Suzanne K. Sukkar is Of Counsel in Dickinson Wright’s Ann Arbor office. She can be reached at 734.623.1694 or firstname.lastname@example.org.
Kevin J. Weber is a Partner in Dickinson Wright’s Toronto office. He can be reached at 416.367.0899 or email@example.com.
For a printable version of this immigration client alert, click here.
- Industry Alerts Travel Ban Expires, Replaced by Presidential Proclamation Restricting Travel for Certain Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia
- Industry Alerts President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts
- Industry Alerts New Form I-9 Again for Employers
- February 25, 2021 In the News Michael D. Lipton, Q.C. and Kathleen Campbell Walker Recognized in Chambers Global Guide 2021
- February 11, 2021 Media Mentions Kathleen Campbell Walker Co-Presents at 19th Annual Course in Advanced Immigration Law
- November 13, 2020 Blogs Corporate Restructuring and its Potential Impact on H-1B Workers
- November 5, 2020 In the News Kathleen Campbell Walker Named to National Law Journal’s 2020 Immigration Law Trailblazers List
- October 2020 Industry Alerts Recent DHS and DOL Rule Changes to the H-1B Program
- August 2020 Industry Alerts タイムリーにEADカードが発行がされないためI-9を完了できないことについての米国移民局(USCIS)の対応 | USCIS Accommodation on I-9 Completion Due to its Inability to Issue Timely EAD Cards