U.S. SUPREME COURT TO HEAR TRUMP TRAVEL BAN CASE
June 26, 2017
Earlier today, the U.S. Supreme Court decided to hear a seminal case involving President Trump’s second executive order on immigration (Click here to read decision). As you may recall, the executive order, which bars entry of certain foreign nationals into the United States from six designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) for a period of 90 days, was challenged in court almost immediately after it was announced and two federal appeals courts blocked critical parts of the order. In deciding to review the case, a divided Supreme Court ultimately stayed portions of the lower court injunctions that prevented any elements of the ban from coming into effect. The Supreme Court’s decision is extremely narrow, and only allows the ban to remain in place for individuals who do not have “a credible claim of a bona fide relationship with a person or entity in the United States.” How this standard will be interpreted or enforced remains to be seen. However, we do know that the new travel restrictions will be fully implemented 72 hours from today’s Supreme Court order and this could have negative impacts on certain travel from the affected countries.
The president has argued that the restrictions are necessary for national security, and during oral argument, which is expected to take place in October 2017, the Court will consider the president’s power to set national security priorities against the inherent need to protect individuals from discrimination based on their religion or national origin.
Please let us know if you have any questions. In the meantime, we will keep our readers appraised as to new developments on this issue.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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