The US Supreme Court is reviewing US Court of Appeals decisions which found President Trump's Executive Order 13780 (Protecting the Nation from Foreign Terrorist Entry into the US) to be unconstitutional. The decisions of the US Court of Appeals resulted in injunctions which barred the US government from implementing the executive order.

The executive order attempted to implement the following:

  • Require the Department of Homeland Security to conduct a global review to determine whether foreign governments provide adequate information about nationals applying for visas to the United States;
  • Bar people from Iran, Libya, Somalia, Sudan, Syria and Yemen for a 90-day period from entering the United States in order to conduct internal reviews of the vetting process;
  • Suspend decisions on applications for refugee status and travel of refugees to the United States for 120 days in order to conduct internal reviews of the vetting process; and
  • Limit the entry of refugees into the United States for 2017 to no more than 50,000.

On June 26 2017 the US Supreme Court issued a decision to lift the injunction imposed by the US Court of Appeals. This now allows the US government to ban people from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for a 90-day period. However, the US Supreme Court has indicated that this ban does not apply to individuals from these countries if these individuals can show that they have a bona fide relationship with a person or entity in the United States. This would include:

  • people with familial relationships in the United States;
  • students who have been admitted into colleges and universities in the United States; and
  • foreign nationals who have offers of employment with US employers.

Likewise, refugees attempting to enter the United States who can demonstrate a relationship with a person or entity in the United States are not barred from entering the United States, even if the 50,000 refugee cap has been reached or exceeded.

The executive order − which bans individuals from Iran, Libya, Somalia, Sudan, Syria and Yemen who cannot show a bona fide relationship with a person or entity in the United States − will take effect in 72 hours from the date of the US Supreme Court's decision. The Supreme Court suggested that the government could complete its internal reviews over the next few months; and since the reviews will last only 90 and 120 days, it is likely that the matter will be moot by the time the case is scheduled for oral argument.

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For further information on this topic please contact Matthew C Morse at Fakhoury Law Group PC by telephone (+1 248 643 4900) or email (matt@employmentimmigration.com). The Fakhoury Law Group PC website can be accessed at www.employmentimmigration.com.