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Immigration


5 July 2017

UNITED STATES: Limited Travel Restrictions

The U.S. Supreme Court issued an unsigned order to allow the implementation of parts of the Executive Order of President Trump.

How does this affect the client?

The Supreme Court ruled Monday, 26 June, that parts of Trump’s Executive Order outlining the travel ban of foreign nationals of six countries may be implemented as of Thursday June 29th. It is important to note that anyone with a credible claim of a bona fide relationship to a U.S. person or entity will be exempted from the ban. 

The State Department said that those seeking an exemption based on business or professional ties to the U.S. must have a relationship that is “formal, documented and formed in the ordinary course rather than for the purpose of evading” the Order.

Furthermore, a State Department cable issued that travellers would qualify for an exemption based on a family relationship if they have a parent, spouse, child, adult son or daughter, son-in-law, daughter in-law or sibling already in the United States. 

In addition to the exemption as provided under the Court’s ruling, the Executive Order itself already exempted green card and visa holders as well as dual nationals. 

The Court did not rule on the legality of the executive order and has stated that the Court will hear arguments when it convenes in October. 

Background: 

The March 6 Executive Order targeted nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen from travelling to the United States for a 90-day period except in cases where an exemption or waiver applied. This Executive Order was a revised version of the broader Executive Order which president Trump issued in late January. 

 

 

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