United States: Trump Administration Asks Supreme Court to Allow Implementation of Entry Ban
The Administration has asked the Supreme Court for immediate permission to enforce its entry ban executive order and a ruling in the next term on the legality of the order. Though federal court injunctions against the entry ban remain in place for now, the Supreme Court could reinstate the executive order as early as this month. Until that occurs, nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen can continue to apply for visas and enter the United States but should contact their immigration counsel for updates before traveling.
In a request filed late Thursday, the Trump Administration has asked the Supreme Court to lift two federal court injunctions against enforcement of a March 6 executive order that sought to temporarily suspend the entry of nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. If the Court agrees to grant the request, it could reinstate the entry ban as early as this month.
In a separate request, the Administration has asked the Court to decide the constitutionality of the entry ban early in its next term, which begins in October.
In March, federal district judges in Maryland and Hawaii issued nationwide temporary injunctions that blocked the entry ban from taking effect. Last month, the Fourth Circuit Court of Appeals upheld the Maryland district court's ruling, rejecting the Trump Administration's contention that the entry ban was justified for national security reasons and finding that the order violated the First Amendment. On May 15, the Ninth Circuit heard arguments in the administration's appeal of the Hawaiian injunction, but has not yet ruled in that case.
The March 6 travel executive order seeks to prohibit nationals of the six restricted countries from entering the United States for 90 days and block entry of all refugees for 120 days. The order would exempt U.S. lawful permanent residents, dual nationals holding a valid passport from a non-restricted country, holders of a valid U.S. visa or advance parole, and refugees, among others. The order would make waivers available in limited circumstances to Canadian landed immigrants applying for a visa in Canada and persons with significant business or professional obligations in the United States, among others.
What This Means for Foreign Nationals
The injunctions against enforcement of the entry ban remain in place. Unless and until the Court agrees to the Administration's request, foreign nationals who would be subject to the executive order may continue to apply for visas and enter the United States, provided they are otherwise admissible. However, nationals of a restricted country should contact their immigration counsel for updates before traveling abroad or returning to the United States.
Fragomen is closely monitoring the status of the executive order and will issue updates as developments occur. T his alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.