Travel Ban Update: U.S. State Department Issues New Guidelines Involving Close, Existing Relationships Within U.S.

by Raj Rathour, Esq. and Jennifer Grady, Esq.

trumpOn June 29, 2017, the U.S. State Department began implementing President Trump’s new visa criteria based in Executive Order 13780. The revised criteria bars U.S. entry for 90 days, for citizens without prior connections to the United States from six Muslim-majority countries: Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. Stemming from a highly publicized decision by the Supreme Court, the current preliminary injunction has been narrowed to allow only “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States”. Current controversy revolves around the specific language, bona fide relationship,” and the potential for its interpretation of federal courts and officials.

Bona Fide Relationship

auditOn May 25, 2017, United States Court of Appeals for the Fourth Circuit upheld an injunction against enforcement of Executive Order 13780, titled “Protecting the Nation from Foreign Terrorist Entry into the United States”, which was an executive order signed by United States’ President Donald Trump on March 6, 2017.  That order placed limits on travel to the U.S. from certain countries, and by all refugees who do not possess either a visa or valid travel documents. According to its terms, it revoked and replaced the original travel bar Executive Order 13769, which was issued on January 27, 2017. Continue reading

Trump’s Travel Ban Unanimously Rejected by Ninth Circuit Court of Appeals

trumpOn February 5, 2017, President Trump’s controversial “travel ban” was unanimously rejected by the United States Courts of Appeals for the Ninth Circuit, located in San Francisco, California. This controversial “travel ban” stems from President Trump’s January 27, 2017 Executive Order “Protecting the Nation From Foreign Terrorist Entry Into the United States,” that banned citizens of Iran, Iraq, Libya, Sudan, Somalia, Syria and Yemen from entering the United States for the next 90 days, and suspended the admission of all refugees for 120 days.

The Executive Order ignited protests in many airports around the country as US Customs and Border Protection officials struggled to interpret the new rules, and citizens of the banned countries were prevented from entering the United States.  Just three days later, the plaintiff, the State of Washington (“Plaintiff”) filed suit in the Seattle District Court, to stop the enforcement of the ban. Continue reading