“Supreme Court Partially Reinstates Trump Travel Ban”

6/27/2017
SHRM


“Workers who have accepted job offers and students who have been accepted to U.S. universities from six countries identified by President Donald Trump's temporary travel ban can still enter the United States while the president's executive order goes into partial effect, the U.S. Supreme Court announced June 26.

“The high court partially reinstated the president's executive order…imposing a 90-day ban on U.S. entry for travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen who lack any ‘bona fide relationship with any person or entity in the United States.’ That indicates that people from the six countries with family, business or other ties would not be barred from entry, while those seeking visas to enter the United States without those ties will likely be affected for the duration of the ban. The ban is scheduled to go into effect in 72 hours and last through late September…The travel ban does not apply to people who already have visas or are U.S. permanent residents.

“Sameer Khedekar, a partner with the Pearl Law Group…recommended that nationals of the six countries ‘with bona fide ties to the U.S. take great caution before deciding to leave and re-enter the U.S., since CBP…will subjectively determine, on a case-by-case basis, whether an individual has bona fide ties. If travel is necessary, we strongly recommend that individuals carry extensive documentation evidencing their ties to the U.S.,’ he said.

“…The White House has said that the travel ban is needed to allow time to implement stronger vetting measures for foreign visitors and immigrants and is part of a series of efforts by the Trump administration to implement what the president referred to as ‘extreme vetting’ for the visa application process.

“…The Department of Homeland Security said it would implement the travel ban ‘professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry.’ 

“…The court indicated that it would review the lower-court rulings that found the president's executive actions to be unlawful when it convenes in October, but by that time the 90-day ban will have passed.

“The court's decision could impact whether the administration could add other countries to a travel ban list or extend the ban beyond 90 days, however. Another provision of Trump's original order called for officials to study vetting procedures worldwide, with the possibility that additional countries could be added to the list for restricted travel in the future.”

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