Alerts
driven thinking
Supreme Court Reinstates Portions of Trump’s Executive Order on Immigration
Overview
In an unsigned opinion, the U.S. Supreme Court has agreed to allow a limited provision of President Trump’s Executive Order on immigration (the “Order”) to take effect. The Court decided to allow the suspension of entry for foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen who lack any “bona fide relationship with any person or entity in the United States.”
The Court cited examples of bona fide relationships, including “a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience.” The Court stated that foreign nationals who wish to enter the U.S. to live with or visit a family member also meet the criteria for a bona fide relationship. With regards to entities, the relationship must be “formal, documented and formed in the ordinary course.”
What This Means for Foreign Nationals:
- Foreign nationals of the six countries noted above with plans to travel to the United States, should consult with immigration counsel immediately.
- Certain other persons from the six countries may be able to qualify for a waiver and should immediately consult with an immigration attorney to determine their eligibility.
The Executive Order Does Not Apply To:
- Lawful Permanent Residents (green card holders) or United States citizens.
- Dual nationals traveling on a passport other than a passport issued by one of the six countries noted above.
- Foreign nationals already in possession of a valid visa or other valid entry documents as of the effective date of the Order (likely to be within the next 2-3 days).
- Foreign nationals with a connection to the United States, such as a family member in the US or an affiliation with a US institution.
What to Expect:
- The Executive Order is expected to go into effect within 72 hours and continue for at least 90 days. The Court will hear arguments on the case in October 2017 and will likely issue a final decision sometime during the fall.
- At this time it is uncertain how the governing agencies will implement the Executive Order. We will continue to closely monitor issues relating to this Supreme Court decision.
- Foreign nationals from the six affected countries that have plans to travel to the United States, should consult an immigration attorney.
If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.