United States: Federal Court Temporarily Blocks Latest Entry Ban From Taking Effect

• The Trump Administration has been enjoined from enforcing travel restrictions against nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen. • The Administration is expected to appeal the court order.

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Oct 17, 2017
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The situation
A federal District Court in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the Trump Administration from implementing most of the travel restrictions of a September 24 presidential proclamation. The order comes one day before the second phase of the travel restrictions was to take effect.
 
The court determined that the ban on the entry of nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen illegally discriminates based on nationality.  

Travel restrictions on certain Venezuelan government officials and on nationals of North Korea remain in place.  

The Trump Administration is expected to appeal the decision. 

What this means for foreign nationals
In the wake of the court order, nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen should be able to apply for U.S. visas and enter the United States if they are otherwise admissible, but restrictions could be reimposed if the TRO is overturned on appeal. 

Notwithstanding the court order, nationals of the six countries remain subject to lengthy security checks under the Trump Administration's extreme vetting policies, as well as heightened scrutiny at U.S. ports of entry.  

Fragomen is closely monitoring the status of the presidential proclamation and will provide updates as developments occur. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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