On June 26, 2017, the Supreme Court issued a temporary order that allows certain provisions of President's Trump's Executive Order No. 13780 to take effect while legal challenges to the executive order are pending. President Trump previously issued the order on March 6 calling for a blanket 90-day ban on nationals of Libya, Iran, Somalia, Sudan, Syria, and Yemen from entering the United States, as well as a 120-day ban on entrance by all refugees. The relevant sections of this executive order were stayed by federal courts and had not previously taken effect.
The Supreme Court reinstated the ban on citizens of these six countries from entering the US, but stated that the ban will not be enforced against anyone who has a "credible claim of a bona fide relationship with a person or entity in the United States." US officials commonly review the reasons for an applicant’s travel to the US, their travel agenda, and likelihood of departure upon the completion of their trip to the US before issuing a visa or admitting a person to the US. In applying this temporary rule, we expect that Consular and CBP officers will balance these bona fide relationships with the government’s interest in preserving national security.
The travel ban, as limited by the Supreme Court, does not apply to the following individuals and their dependent family members provided they can document a "bona fide relationship with a person or entity in the United States" as contemplated by the ruling:
- In the employment context - workers who have accepted an offer of employment with a US company.
- In the student context - students who have been admitted to a US school.
- In the family context - foreign nationals wishing to enter the US to live with or visit a close family member.
- In the refugee context - individuals seeking admission as a refugee who can establish ties to a close family member or a US entity, even if the 50,000 person cap has been reached or exceeded.
All persons who require visas to travel to the US must still obtain valid visas and must otherwise be admissible to the United States.
The Supreme Court is scheduled to review the pending legal challenges to the travel ban this fall.