breaking: supreme court stays lower court decisions regarding travel ban 3.0; allows order to be fully implemented while challenges are on-going. (dec. 4, 2017)

Today the U.S. Supreme Court issued an order permitting the administration to fully implement the latest version of the President's travel ban policy in its entirety.

Lower court rulings had exempted from the travel restrictions foreigners with "bona fide" family or business or educational ties to the United States, but the justices issued a stay Monday that allows Trump to carry out the new policy even on those with U.S. connections, at least for now.

In June, ruling on an earlier version of the travel order, the justices ruled the administration could refuse entry for visitors and immigrants from several Muslim nations, but not to families, travelers and others who had a “credible claim of a bona fide relationship with person or entity in the United States.” In recent weeks, the 9th Circuit Court of Appeals, based in California, and a federal judge in Maryland adopted that standard and applied it to the President's latest order. They agreed the ban could go into effect in part, but not against those with who had close personal or professional ties to a person or an entity here. The 9th Circuit and the 4th Circuit, based in Richmond, Va., were still weighing claims that the President's order discriminated based on nationality in violation of a 1965 law. The appeals courts are also considering claims that the ban reflected unconstitutional bias against Muslims.

The administration filed an emergency appeal on November 20 contending that allowing the ban to go into only partial affect “will cause ongoing irreparable harm to the government and the public.” They predicted the court would eventually uphold the order so the justices should permit the order to go into full effect without further delay.

What This Means: Non-immigrants from the designated countries who are in the United States should refrain from travel and consult immigration counsel regarding their options.

for updates on the president's executive orders on immigration, including daca and the travel ban click here.


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