Trump’s Travel Ban to Have Its Day in Court

Trump’s Travel Ban to Have Its Day in Court

President Trump’s travel ban will live to fight another day…for now.  The ban that initially created a firestorm 6 months ago, will have oral arguments on it heard by the Supreme Court later this fall.  In the meantime, the Court is allowing the ban to go into effect for foreign nationals who lack any “bona fide relationship with any person or entity in the United States.”  This means employees, students, and other individuals who have connections to the U.S. will remain unaffected by the travel ban, however anyone without any connection to the U.S. will be barred from travelling to the U.S.  The ban is expected to take effect by the end of this week.

Justice Thomas wrote a dissent, which was concurred by Justice Alito and Justice Gorsuch, stating that the Government is likely to prevail in this case on the merits and therefore the entire ban should remain in place as opposed to the modified version implemented.  He also cites the modified ban as being “unworkable” and providing additional burden for the officials to decide whether a foreign national does indeed have a connection to the U.S.   As this case is not going to be heard until the fall, the rumors of Justice Kennedy’s retirement may have ultimately affected how the Court rules on this controversial matter as a potential Kennedy replacement could add a 4th member into the camp of dissenters, and one step closer to a majority decision.  For now however, Justice Kennedy remains on the bench.

Regardless of the eventual outcome, the Supreme Court decision is a partial victory for the Trump Administration.  The modified ban will be in place against the same six majority Muslim countries, Iran, Libya, Somalia, Sudan, Syria and Yemen, and will bar nationals without a bona-fide relationship for entering the U.S. for 90 days.  President Trump, responding to the decision said, “As President, I cannot allow people into our country who want to do us harm…I want people who can love the United States and all of its citizens, and who will be hardworking and productive.”

The Department of Homeland Security said they intend to implement the ban “professionally, with clear and sufficient public notice, particularly to potentially affected travelers and in coordination with partners in the travel industry.”  DHS will work with the State and Justice departments to coordinate an action plan for implementing the ban.  As a result it is likely these departments will have final discretionary say on what is a bona-fide relationship.

MSA will continue to work with our current and prospective clients to provide information on how the modified ban is being implemented.  Additionally, we will have an immediate update on the Court’s final decision when this case is heard later in the fall.  We can only hope that when the case is argued, the Supreme Court once and for all gives a death blow to the travel ban, forcing the Trump Administration to reconsider some of their tactics moving forward.


About The Author:

Brian Idehen, Esq. is an attorney with Mona Shah & Associates.

Brian has experience in investor and corporate immigration law and assists MSA with various immigration and non-immigration matters such as EB-5, E-2, O-1, L, H and G (Diplomatic) visas, EB-1, PERM, securities law and corporate law matters.  His experience includes advising high-net worth individuals and multinational corporate companies such as large financial institutions, fashion designers, advertising agencies, pharmaceutical companies, transportation companies, and law firms on immigrant and nonimmigrant matters.