Jul 10

The US Supreme Court Upheld Trump’s Travel Ban – What Countries Affected?

US Supreme Court Upheld Donald Trump’s Travel Ban

US Travel Ban

The travel ban impacts people from certain countries. Exemptions are available on a case-by-case basis.

On June 26, 2018, the Supreme Court upheld President Donald Trump’s travel ban, Proclamation No. 9645, in a 5 to 4 ruling.

Travel Ban Within Scope of President’s Authority

The Court stated the travel ban was within the scope of authority of the President under the Immigration and Nationality Act. Under 8 U.S.C. 1182(f). Under this law, the President need only show that entry of covered nationals would be detrimental to the interests of the United States. The Supreme Court found that President Trump had shown certain countries could harm national security interests. Therefore, he was within his discretion to suspend entry of certain foreign nationals into the U.S.

Reporting Requirements by Homeland Security

The proclamation (also called an executive order) requires that the Department of Homeland Security provide a review about the restricted countries. Additionally DHS is required to continuously assess whether entry restrictions should be modified or continued.

What Countries are Affected?

North Korea. Suspends entry of all nationals.

Syria. Suspends entry of all nationals.

Iran. Suspends all entry of nationals except Iranians seeking nonimmigrant student and exchange-visitor visas.

Libya. Restricts entry of nationals seeking immigrant visas and nonimmigrant business or tourist visas.

Yemen. Restricts entry of nationals seeking immigrant visas and nonimmigrant business or tourist visas.

Somalia. Suspends entry of nationals seeking immigrant visas and requires additional scrutiny of nationals seeking nonimmigrant visas.

Venezuela. Limits entry only of certain government officials and their family members on nonimmigrant business or tourist visas

Exemptions to the Order

The Proclamation does not affect lawful permanent residents and foreign nations who have already been granted asylum. The order also provides case-by-case waivers when a foreign national is able to demonstrate undue hardship and show their entry is in the national interest and would not pose a threat to public safety. However, such exemptions are rarely granted.

Help Available?

If you find yourself caught up in President Trump’s travel ban, it is important to speak to counsel about whether you might qualify for an exemption. As noted, some individuals may qualify for a case-by-case waiver. Keamy Tavares focuses on helping business people and athletes who seek to enter the US. If you need assistance, please don’t hesitate to reach out to us.