On Monday, June 26, the Supreme Court made several decisions surrounding President Trump’s travel ban. First, the Court agreed to hear President Trump’s appeal over the revised travel ban during their next scheduled session starting this fall. With the current SCOTUS term ending later this week, oral arguments will take place in the first session of the Court’s next term, likely the first or second week of October 2017.
The second decision involved the Court granting the government’s request to lift the nationwide injunction on a portion of the travel ban. SCOTUS granted this request, but only to the extent that the ban may be enforced against foreign nationals who “lack any bona fide relationship with a person or entity” in the United States. Thus, the temporary ban on entry of individuals from the enumerated six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) will exist for those without a bona fide relationship. Put another way, if a foreign national from one of the six countries included within the second travel ban has a credible relationship with a person or entity in the U.S., the travel ban should not impact their entry to the U.S. (e.g. if employed by a U.S. company and holding a valid visa, that individual should be readmitted). This most likely will only impact those individuals who seek a visitor’s visa to vacation in the U.S., however, we’ll better understand how this policy will be interpreted in the coming weeks. Given that the allowance for this ban is very limited, we anticipate that clients on H-1Bs/L-1s/O-1s or other nonimmigrant status can travel as they require so long as they remain employed by a U.S. company. Should you have a specific concern about international travel please don’t hesitate to ask.
** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **