US: US Supreme Court allows enforcement of travel ban

Posted by Immigration Law Team|US Immigration
Dec 17
4


In brief

On Monday, December 4, 2017, the US Supreme Court issued orders allowing the third version of President Trump’s travel ban (see prior alert) to take effect until the appeals process has been completed. The orders stayed the prior October preliminary injunctions, which temporarily blocked the implementation of the travel ban.

Discussion

On September 24, 2017, President Trump signed a Proclamation imposing indefinite travel restrictions on citizens of Chad, Iran, Libya, Somalia, Syria, Yemen, and North Korea, and barring entry into the US by certain Venezuelan government officials and their immediate families. In October, Federal District Courts in Hawaii and Maryland issued nationwide orders against enforcement of the Presidential Proclamation. Today’s Supreme Court orders stayed the preliminary injunctions, thereby allowing the travel ban to be enforced.

The orders do not address the merits of the legal challenges to the travel ban, which will be addressed when two US Courts of Appeals hear arguments later this week. Specifically, the US Court of Appeals for the Ninth Circuit will hear oral arguments on December 6, 2017 and the US Court of Appeals for the Fourth Circuit will hear oral arguments on December 8, 2017.

Impact and Recommendations

Citizens of impacted countries who are already present in the US and are in valid immigrant or nonimmigrant status are advised to seek US immigration counsel prior to departing the US, since there may be restrictions from re-entering the US.

The country specific restrictions listed in the September 24 Presidential Proclamation are as follows:

 

            Country Nonimmigrant Visas    Immigrant and Diversity  Visas
            Chad No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            Iran No nonimmigrant visas except F, M, and J student visas    No immigrant or diversity visas
            Libya No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            North Korea No nonimmigrant visas    No immigrant or diversity visas
            Syria No nonimmigrant visas    No immigrant or diversity visas
            Venezuela No B-1, B-2, or B-1/B-2 visas of any kind for officials of the following government agencies: Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members    No restrictions
            Yemen No B-1, B-2, and B-1/B-2 visas    No immigrant or diversity visas
            Somalia Subject to additional scrutiny    No immigrant or diversity visas

Please note that there may still be additional scrutiny imposed on citizens of Iraq.

Waivers may be granted on a case-by-case basis. US immigration counsel should be sought for assessment of waiver eligibility.

PwC continues to monitor this matter and will be sure to update you as changes occur.

For further details regarding the Proclamation, or any other immigration matters, please contact a member of our team.


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