U.S. Court of Appeals Allows Limited Version of Trump Administration’s Third Travel Ban

On Monday, November 13th a three-judge panel from the 9th Circuit U.S. Court of Appeals allowed for the Trump Administration’s third travel ban to partially go into effect. Currently, individuals from six designated countries, including Iran, Syria, Libya, Chad, Somalia and Yemen, who do not have bona fide ties to the United States are restricted from traveling to the United States. The judges said that the ban would not affect “foreign nationals who have a credible claim or a bona fide relationship with a person or entity in the United States.”

The court additionally went on to define what constitutes a bona fide relationship. Those with grandparents, grandchildren, brothers-in law, sisters-in-law, aunts, uncles, nieces, nephews, or cousins in the United States are still able to travel to the U.S.

This news comes after two separate courts in Hawaii and Maryland sued the Trump administration for the controversial ban.

Unlike the previous ban, the latest one is permanent. The ban would restrict a variety of individuals from the six previously named countries, as well as North Korea. Before the ban could go into effect, the two judges ruled against it, thus blocking the wider reach of the executive order.

The Trump administration has appealed both rulings, and arguments for both cases are scheduled for next month. For the Trump administration to have the executive order fully implemented, the government would need to win both cases in the 9th Circuit in Hawaii and the U.S. Court of Appeals for the 4th Circuit appeals court for Maryland.

Those holding valid visas from these affected countries are still able to travel and reside in the US throughout the duration of the visa, though once visas expire, they will not be able to renew them. Additional future court rulings will undoubtedly affect the future of the Trump administration’s travel ban.

The administration has argued that these measures are in accordance with stated goals in tightening national security. The administration has stated that these measures were devised after a long period of research, and are essential to proper vetting of foreign travelers.

The restrictions on travelers vary depending on the country. D’Alessio Law Group is keeping up with all developing details relating to the Trump administration’s travel ban. For any questions, please reach out to your DLG professional.

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