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Immigration Alert: Travel Ban Partially Reinstated Background On January 27, 2017, President Trump issued an Executive Order banning visa issuance and travel to the United States for all refugees and travelers from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for a temporary period of time. The ban was stayed by several courts, and on March 6, 2017, the President issued a revised Executive Order, removing Iraq from the list of affected countries and providing for some exceptions to the ban. The revised Executive Order travel ban was also stayed, so nationals of these countries and refugees have been permitted to enter the United States. New Developments On June 26, 2017, the U.S. Supreme Court agreed to hear the combined cases enjoining the Executive Order during the October 2017 court session. In the interim, the Supreme Court will allow a limited version of President Trump’s ban to take effect. This ban prohibits visa issuance or entry into the United States for 90 days for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen and for 120 days for all refugees. However, the Court stated that the ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” The Court provided several examples of credible claims of a bona fide relationship that would permit persons from Iran, Libya, Somalia, Sudan, Syria and Yemen, as well as refugees, to enter the United States regardless of the travel ban. These examples include a foreign national who wants to visit or live with a family member, a student admitted to a U.S. college or university, and a person who is coming to the United States to continue in his or her position or to assume a new position with a U.S. employer. On June 26, 2017, the Department of Homeland Security stated that “The implementation of the Executive Order will be done professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry.” However, last week President Trump indicated that he would like the Supreme Court’s decision to go into effect within 72 hours. Late last night the U.S. Department of State sent a cable to Consulates and Embassies abroad instructing them to reinstate parts of the ban as of 8 p.m. Eastern Time today, June 29, 2017. What Employers Need to Know There is good news for U.S. employers for now. Employees and prospective employees with a job offer in the United States should be issued visas and admitted to the United States regardless of whether they are from any of the six affected countries. Additionally, employees bringing immediate family members to the United States to reside or study here should be admitted to the United States. Persons from these countries who hold lawful permanent resident status in the United States and dual nationals are exempt from the ban. We recommend that employees, family members and students from Iran, Libya, Somalia, Sudan, Syria and Yemen carry additional documentation with them to demonstrate their “bona fide relationships” with persons or entities in the United States in order to ease their visa issuance and entry into the United States. We will keep you updated as we learn more information. Please contact your Vedder Price attorney or an attorney in our Business Immigration practice group with any questions you may have or assistance you may need. Vedder Thinking | Articles Immigration Alert: Travel Ban Partially Reinstated Newsletter/Bulletin Background On January 27, 2017, President Trump issued an Executive Order banning visa issuance and travel to the United States for all refugees and travelers from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for a temporary period of time. The ban was stayed by several courts, and on March 6, 2017, the President issued a revised Executive Order, removing Iraq from the list of affected countries and providing for some exceptions to the ban. The revised Executive Order travel ban was also stayed, so nationals of these countries and refugees have been permitted to enter the United States. New Developments On June 26, 2017, the U.S. Supreme Court agreed to hear the combined cases enjoining the Executive Order during the October 2017 court session. In the interim, the Supreme Court will allow a limited version of President Trump’s ban to take effect. This ban prohibits visa issuance or entry into the United States for 90 days for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen and for 120 days for all refugees. However, the Court stated that the ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” The Court provided several examples of credible claims of a bona fide relationship that would permit persons from Iran, Libya, Somalia, Sudan, Syria and Yemen, as well as refugees, to enter the United States regardless of the travel ban. These examples include a foreign national who wants to visit or live with a family member, a student admitted to a U.S. college or university, and a person who is coming to the United States to continue in his or her position or to assume a new position with a U.S. employer. On June 26, 2017, the Department of Homeland Security stated that “The implementation of the Executive Order will be done professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry.” However, last week President Trump indicated that he would like the Supreme Court’s decision to go into effect within 72 hours. Late last night the U.S. Department of State sent a cable to Consulates and Embassies abroad instructing them to reinstate parts of the ban as of 8 p.m. Eastern Time today, June 29, 2017. What Employers Need to Know There is good news for U.S. employers for now. Employees and prospective employees with a job offer in the United States should be issued visas and admitted to the United States regardless of whether they are from any of the six affected countries. Additionally, employees bringing immediate family members to the United States to reside or study here should be admitted to the United States. Persons from these countries who hold lawful permanent resident status in the United States and dual nationals are exempt from the ban. We recommend that employees, family members and students from Iran, Libya, Somalia, Sudan, Syria and Yemen carry additional documentation with them to demonstrate their “bona fide relationships” with persons or entities in the United States in order to ease their visa issuance and entry into the United States. We will keep you updated as we learn more information. Please contact your Vedder Price attorney or an attorney in our Business Immigration practice group with any questions you may have or assistance you may need. Professionals Sara B. DeBlaze Shareholder sdeblaze@vedderprice.com Services
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मुस्लिम बाहुल्य ६ देशका नागरिकमाथि अमेरिकी सर्वोच्च अदालतले यात्रा प्रतिबन्ध लगाउने राष्ट्रपति डोनाल्ड ट्रम्पको निर्णयको समर्थन गरेको छ । राष्ट्रपति ट्रम्पको निर्णयको समर्थन गर्दै अदालतले तत्कालै पूर्ण रूपले कार्यान्वयन गर्न निर्देशन पनि दिएको छ । यस मुद्दामा सर्वोच्च अदालतले राष्ट्रपतिको पक्षमा फैसला गर्दै कार्यान्वयनका लागि निर्देशन दिएको हो । ट्रम्पले राष्ट्रपतिको जिम्मेवारी सम्हालेलगत्तै मुस्लिम बाहुल्य देशबाट अमेरिकाको सुरक्षामा खतरा रहेको भन्दै चाड, इरान, लिबिया, सोमालिया, सिरिया र यमनमाथि यात्रा प्रतिबन्ध लगाउने निर्णय गरेका थिए । तर राष्ट्रपतिको निर्णयविरुद्धमा विभिन्न संघीय अदालतले फैसला गरेपछि कार्यान्वयनमा आउन सकेको थिएन। सर्वोच्च अदालतका ९ मध्ये सात न्यायाधीशले ट्रम्प प्रशासनले तल्लो अदालतले यात्रा प्रतिबन्ध लागू गर्न लगाएको प्रतिबन्ध हटाउन गरेको मागको पक्षमा मत दिएका छन् । सर्वोच्चले कार्यान्वयनको बाटो खुला गरे पनि अझै कानुनी चुनौती बाँकी नै रहेको बताइएको छ। तल्लो अदालतका न्यायाधीशले ट्रम्पको निर्णय धार्मिक रुपमा मुस्लिममाथिको प्रतिबन्ध रहेको भन्दै कार्यान्वयनमा रोक लगाएका थिए । अब सर्वोच्च अदालतको आदेशपछि मुस्लिम बाहुल्य ६ देशका नागरिक अमेरिका प्रवेश गर्न नपाउने भएका छन् ।