The Trump Administration recently issued an executive order temporarily prohibiting travel to the United States by individuals from certain countries in order to allow government officials to investigate the individual for potential security threats. These countries include Lybia , Syria, Iran, Sudan, Yemen and Somalia. Setting aside the hotly contested political debate about whether the policy is right or wrong, today's blog will provide an update on the recent legal rulings relating to the travel ban.
Federal district court and courts of appeal considered legal challenges to the travel ban, and ruled in favor of the challengers, holding that the travel ban could not be implemented. The United States Supreme Court took up the case, and issued a ruling on Monday, June 26, 2017. The Supreme Court's ruling provides that, beginning June 29, 2017, the travel ban would temporarily be allowed to be implemented, on certain conditions. Speciically, the Department of Homeland Security, U.S. consular officials and Customs and Border Protection officials are authorized to ban travelers from these six countries unless the individual seeking entry can demonstrate a bona fide relationship with a U.S. based family member or entity. Persons with a valid immigrant or non-immigrant visa will not be banned if they can show a close U.S. based family relationship. Entry will be denied to individuals who seek to establish relationships with a U.S. based entity simply to avoid the travel ban.
It is important to note that this ruling is temporary. The U.S. Supreme Court will here the complete case in October 2017, and will then issue a binding, permanent decision. Over the course of the next few months, many issues will arise with regard to the interpretation and implementation of this travel ban, given that the ruling is very broad and rather vague.
If you have questions or concerns about travel to the United States, you should contact an immigration attorney for guidance. The immigration attorneys of Christiansen Law Firm have extensive experience assisting individuals in immigration matters. Contact our Houston or San Antonio offices for additional information about your specific legal matter.