Partial Reinstatement of Travel Ban

06. Jul. 2017

Earlier today, the Supreme Court agreed to hear oral arguments on President Trump’s travel ban in the fall.  Until that time, the court partially reinstated the travel ban for 90 days.

The travel ban will go into effect for foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, who are barred from entering the US for 90 days.  However, the court carved an exception to the travel ban for nationals of the six countries who had a bona-fide relationship to the US.  In the unsigned opinion, the hold on the travel ban continues for foreign nationals of the six affected countries who have a bona-fide relationship to the US, which could include:

  • Close familial relationships;
  • Students at US universities or individuals that have already been admitted into a US university; or
  • Employees of US companies or individuals that have already accepted employment with a US company.

The ban could take effect as early as Thursday, June 29.  The court also clarified that travelers may not seek to establish relationships with an entity solely for the purpose of evading the ban.

In light of the confusion that will likely result at airports over application of the bona-fide relationship exception, Immigration Law Group recommends that nationals of the six countries forego international travel until we know more about how the Customs and Border Protection will evaluate claims of bona-fide relationship.  Department of Homeland Security indicated in its press release that “implementation of the Executive Order will be done professionally, with clear and sufficient public notice....” If travel is absolutely necessary, we recommend that travelers carry as much evidence of bona-fide relationship as possible.  Please contact Immigration Law Group to discuss your travel plans and possible types of documentation to carry.