On Thursday, May 25th the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia upheld the blocking of President Trump’s second, revised travel ban, citing that the executive order “drips with religious intolerance, animus and discrimination” in a 10-3 vote.
Chief Judge Roger L. Gregory stated in the majority that President Trump’s campaign comments regarding Muslims illustrated that the second executive order’s goal was based on religious hostility.
The executive order aimed to bar foreigners from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for a period of 90 days, and refugees for 120 days, unless these individuals qualified for exemption status, or given a waiver.
The order excused permanent lawful residents, foreigners holding U.S. visas, and aliens currently present in the United States. The order additionally exempted people holding a valid advance parole document, dual nationals who are currently traveling on a passport from a country not name in the order, and certain groups of refugees, to name a few.
The Fourth Circuit Court’s decision upholds the blocking of the executive order, which was instated by federal judges in Hawaii and Maryland. The U.S. Court of Appeals for the Ninth Circuit in San Francisco additionally heard arguments in an appeal of the Hawaii temporary ban, and is expected to announce a ruling soon.
U.S. Attorney General Jeff Sessions has expressed that the Trump administration will appeal the ruling in the Supreme Court.
The ruling currently allows foreign individuals (who would have been affected by the executive order) to apply for visas and to enter the United States, assuming that they were already permitted entry prior to the signing of the order. If you are considering coming to the United States or applying for visa status, you should reach out to D’Alessio Law Group professionals when planning your trip or petition to the United States.