The Supreme Court agreed to hear appeals from both the 4th and 9th Circuit Courts of Appeals decisions which struck down President Trump’s travel ban as violating the Constitution and federal laws.
It is expected that oral arguments will be scheduled in October 2017.
In the meantime, a majority of the justices agreed to reinstate portions of the travel ban while the case remains pending. Three Justices (Thomas, Alito and Gorsuch) would have reinstated the travel ban in its entirety.
The Court agree with the lower courts that persons from the 6 countries (Iran, Syria, Yemen, Libya, Sudan and Somalia) who have “a credible claim of a bona fide relationship with a person or entity in the United States” cannot be banned from coming to the US.
The Court listed the following as examples of such a relationship:
- Persons with a “close familial relationship” to someone in the US;
- Students who have been admitted to a university in the US;
- Workers who have accepted an offer of employment from a company in the US;
- Lecturers invited to speak to an American audience.
Nationals from the above 6 countries who lack a bona fide relationship with the US will not be allowed to enter the US from June 26 to September 27, 2017.
We recommend that nationals from these 6 countries who are already present in the US exercise caution in leaving the US with the expectation that they will be allowed to return.
The American Immigration Council has published a short guide explaining who is and who is not impacted by the travel ban.
We expect that the CBP, the State Department and other governmental agencies will soon publish guidance as to how they plan to implement the Court’s decision. We will link to this guidance from our website.