The Supreme Court allows a limited version of Trump Administration’s Travel Ban and will hear case in fall

The Supreme Court has announced that it will decide the fate of the Trump Administration’s revised travel ban and executive order, which was first signed in March of this year.

The justices have permitted the limited implementation of the executive order barring travelers from the six mostly Muslim countries until the Supreme Court hears the case in fall of this year.

The court clarified an important distinction in regards to this limited version, and differentiates that the ban “may not be enforced against foreign nationals who have a credible claim of bona fide relationship with a person or entity in the United States.”

The ruling indicates that the court will hear the case when it reconvenes in October, while allowing foreign nationals who want to visit or live with a family member in the United States, or study at a U.S. university to do so.

The limited version of Trump’s travel ban allows the government to review its vetting procedures within the 90-day period, an expressed goal by the administration in the initial signing of the executive order.

This news comes after lower courts halted the executive order in recent weeks, with civil rights groups charging the Administration with being motivated by unconstitutional discrimination against Muslims. The U.S. Court of Appeals for the 4th Circuit in Richmond, and the U.S. Court of Appeals for the 9th Circuit in San Francisco both contested the constitutionality of the travel ban, and actively blocked the implementation of the travel ban.

The Supreme Court’s announcement actively allows for the narrowed implementation of the executive order, which will likely be administered in the 72 hours since the Supreme Court’s opinion.

What This Means For Travelers

The Supreme Court justices expressed that the distinction for travelers with a “bona fide relationship” with a person or entity in the United States should be easy to administer, though Justice Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented from part of the court’s opinion.

“Today’s compromise will burden executive officials with the task of deciding – on peril of contempt – whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country.”

Tourism from these six countries will likely be limited to those with relatives and family members, or documented, established business relationships in the United States, or for those enrolled in universities within the country. The Supreme Court potentially allows immigration offers to exercise discretion in regards to entry, and foreign nationals interested in traveling to the United States should accordingly explore their options within this distinction outlined by the Supreme Court.

Possible updates to the executive order, or breaking information in regards to the Administration’s action will be closely monitored by D’Alessio Law Group. If you have any questions, please do not hesitate to reach out to your respective D’Alessio immigration professional.


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