President Trump’s latest travel ban is now in effect.

The Supreme Court handed the Trump administration a big win last week by allowing the latest travel ban while challenges in Hawaii and Maryland and proceed through appeals courts. The Supreme Court urged the lower courts to move quickly in determining whether the ban is lawful.

 

Current Restrictions

Issued in September, the latest travel ban restricts travel from eight countries—six of them are predominantly Muslim. It bars most citizens of Chad, Iran, Libya, North Korea, Somalia, Syria and Yemen and select citizens from Venezuela from entering the U.S. The restrictions vary by country. In most cases, citizens of these countries cannot emigrate to the U.S. permanently. And many will be barred from studying, working or taking a vacation in the U.S.

Under the latest ban, individuals from a barred country seeking to visit or live with a close family member in the U.S. must apply for a waiver. Waiver applicants must show that denied entry would not only cause undue hardship but would not pose a security or safety threat and would be in the national interest.

 

Current Legal Challenges

Two separate challenges to the travel ban were heard last week.

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit focused on whether the president has the authority to ban a group of foreign nationals and whether the courts can overturn that action.

Meanwhile, another 3-judge panel of the U.S. Court of Appeals for the 4th Circuit focused on whether a president who suspends the entry to the U.S of individuals deemed “detrimental” to the U.S requires that those individuals denied entry actually pose a danger or whether the president can use that to leverage greater cooperation from foreign countries to share info.

Both appeals courts are expected to deliver rulings within the next few weeks. That would give the losing side time to appeal the case to the Supreme Court. And that means the high court will likely hear the case during the current term, which ends in June.

 

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The Alcorn Immigration Law team is monitoring the latest travel ban developments. We can help you file a waiver for yourself, family, or an employee. We can also help you find other visa options. Contact us.