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Davis Brown Immigration Law Blog

Travel Ban 2.5 - June 27, 2017

On June 26, 2017, the U.S. Supreme Court agreed to hear an appeal of the injunction on the Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” known as the “travel ban,” in its October session. Six Justices signed an order retaining in part and revoking in part the current injunction until a final decision is reached. Three dissenting Justices said they would have completely revoked the injunction.

What does this mean?

The first travel ban prohibited entry of nationals from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen) and suspended refugee admission for a temporary period.

The second travel ban removed Iraq from the list and also exempted persons with permanent residence (“green card” holders) and those with valid visas issued.

Federal District Courts stopped implementation of both travel bans. The second travel ban was issued to address the injunction of the first travel ban, rather than appeal it to the Supreme Court. The injunction of the second travel ban is what will be decided by the Supreme Court in October.

The Supreme Court’s ruling is explained in detail in a post from the American Immigration Council.

Bottom Line

People from the six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen and refugees) may continue to enter if they have personal or business ties (which were not created for the purposes of avoiding the travel ban) or have valid visas or green cards.

People applying for visas now will need to prove their family or business ties, in addition to passing the many security checks and other vetting protocols already in place.

People entering the U.S. with visas issued after June 26, 2017, also are likely to be closely questioned by Customs and Border Protection (CBP) to assure that they meet the standard for family or business connections.

If you, your family members, or employees are from the listed countries and need to apply for a visa, we suggest that you contact your immigration counsel to assist in presenting and documenting the application.