“Appeals Court Denies President Trump’s Request to Reinstate Immigration Ban”

2/10/2017
SHRM

“Employers may continue to process immigration and travel for foreign national workers from the seven countries named in President Donald Trump's executive order limiting immigration. A federal appeals court unanimously denied the president's appeal to reinstate the ban.

“Citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are free to enter the U.S. after a 9th U.S. Circuit Court of Appeals panel upheld Feb. 9 a lower federal court judge's nationwide temporary restraining order blocking the president's controversial executive order.

“…Visas that had been revoked by the order have been reinstated and visa processing at U.S. consulates around the world will be administered as normal—with travelers undergoing standard screening—as the merits of the executive order continue to be litigated.

“‘This situation continues to remain highly fluid with near-daily developments, so employers will want to remain up to speed with the case as its outcome could impact your workforce and require adjustments to your business practices,’ said Kim Thompson, a partner in the Atlanta office of law firm Fisher Phillips and chair of the firm's Global Immigration Practice Group.

“Thompson recommended that employers with affected employees outside the United States have those employees return to the U.S. as quickly as possible, however. 

“…Employers should consider postponing international work-related travel by employees from the affected countries and canceling any personal travel outside the country for those workers, if possible. 

“…Affected employees with valid visas still in their passports should not be impaired when traveling.

“…The appellate court ruling focused on whether the president's order should be paused while the larger issues are weighed. It does not resolve the long-term uncertainty for employers and workers from the affected countries.”

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