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Travel Ban to be Partially Implemented on June 29, 2017

Posted by Robert Berke | Jun 27, 2017 | 0 Comments

Trump's "travel ban" on nationals of six Muslim countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) will go into partial effect on June 29, 2017. In an order dated June 26, 2017 that relates to both Trump v. International Refugee Assistance Program (Docket No. 16-1436) and Trump v. Hawaii (Docket No. 16-1540), the Supreme Court partially lifted the injunctions that prevented the travel ban from going into effect. You can read the text of the order here.

The injunctions against the travel ban were lifted only for "foreign nationals who lack any bona fide relationship with a person or entity in the United States." These people will be banned from entering the United States for at least 90 days from June 29, 2017.

The injunction were not lifted for persons who do have "any" bona fide relationship with a person or entity in the United States. The order list several examples of such persons who are not going to be banned as follows:

A foreign national who wishes to enter the United States to live with or visit a family member, like Doe's wife or Dr. Elshikh's mother-in-law, clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2. The students from the designated countries who have been admitted to the University of Hawaii have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience. Not so someone who enters into a relationship simply to avoid §2(c): For example, a nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to client lists, and then secure their entry by claiming injury from their exclusion. 

This creates an unmitigated mess because the extent to which the travel ban can be put into effect is so vague. Nonetheless, the concept of a "bona fide" relationship is not a new one. An alien who gets married during removal proceedings, for instance, must prove that the marriage is bona fide and thus it is a standard that most experienced immigration litigators will be quite familiar with.

If you are worried that this order will affect you or a someone you know, please schedule a consultation with us by calling (818)804-5729.

 

About the Author

Robert Berke

Attorney Robert G. Berke has been licensed to practice law in theState of California since 1990 and is a member in good standing of theState Bar of California. He is also admitted to practice in federalDistrict Courts throughout California and in the 5th, 6th, 9th, 10th and11th Circuits of the U....

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