US Supreme Court Upheld Donald Trump’s Travel Ban
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.
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.