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  • Article: U.S. Supreme Court to Hear Travel Ban Case – Reinstates Partial Ban By Robert J. Blanco and Bernard P. Wolfsdorf

    U.S. Supreme Court to Hear Travel Ban Case – Reinstates Partial Ban


    On Monday, the Supreme Court announced it will hear oral arguments regarding the legal challenges to President Trump’s travel ban. In doing so, the Court has allowed portions of the travel ban to remain in effect until then .

    Specifically, in a per curium order, the Supreme Court stayed the injunctions issued by the lower Circuit Courts “ with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States .” This means that foreign nationals without any connection to the U.S. will be barred from traveling to the U.S. However, those traveling with valid work visas, student visas, or who have other connections to the U.S. should remain unaffected by the travel ban. Those traveling as individuals must have “a close familial relationship” with a person in the U.S.

    A dissent authored by Justice Thomas, joined by Justices Alito and Gorsuch would have left the entire ban in place, noting that the Government was likely to succeed on the merits and questioning whether executive officials could sufficiently decide a person’s connection to the U.S.

    The executive order creating the travel ban was originally issued in January, but, after public outcry and numerous legal challenges, was revoked. A new executive order was issued on March 6, 2017 which suspended the entry of certain immigrants and nonimmigrants from Syria, Iran, Libya, Somalia, Sudan and Yemen for 90 days, albeit with more exceptions than the original executive order. It was immediately challenged in Federal Court and enjoined from being implemented.

    Many foreign nationals from the affected countries have sufficient employment or familial ties to the U.S. in the form of education, employment, or relatives living in the U.S. However, because the determination of one’s bona fide relationship is discretionary, all foreign nationals from affected countries are urged to use caution when traveling outside of the U.S.

    Should you have case specific questions regarding your upcoming travel plans, please contact an attorney at Wolfsdorf Rosenthal, LLP .

    Wolfsdorf Rosenthal LLP is a full-service immigration law firm known worldwide for its unmatched excellence in providing top-quality U.S. immigration representation. Subscribe to our immigration blog to remain updated and contact Wolfsdorf Rosenthal LLP Immigration Law offices if you have any questions. We have Immigration Law Offices in New York and Los Angeles .

    About The Author

    Bernard P. Wolfsdorf, Esq. and Robert J. Blanco, Esq.: Bernard Wolfsdorf is the managing partner of the top-rated law firm, Wolfsdorf Rosenthal LLP (www.wolfsdorf.com), and the past national president of the 14,000-member American Immigration Lawyers Association (AILA). Established in 1986, Wolfsdorf Rosenthal LLP is known worldwide for providing exceptional quality legal services. With 19 lawyers and offices in Los Angles and New York, the firm was recently listed as a top-tier immigration practice by Chambers & Partners with several of the firm's attorneys listed in the 2015 International Who's Who Legal. Mr. Wolfsdorf specializes in EB-5 investment immigration in addition to the full range of global immigration matters. Robert Blanco specializes in business and employment immigration cases. He prepares both immigrant and non-immigrant petitions for skilled workers, executive managers, high net worth investors, and people of extraordinary ability in the arts, sciences, and business. Mr. Barnett's practice focuses in the area of EB-5 Immigrant Investor Program; EB-1A foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics; and other business immigration matters

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

    Comments 1 Comment
    1. ImmigrationLawBlogs's Avatar
      ImmigrationLawBlogs -
      And Americans should also use caution in predicting whether our democracy will survive the Supreme Court's failure to take bolder action against the president's claim of virtually unlimited power to harass, intimidate and ban members of a religious group which he not only disfavors, but has gone to great lengths to misrepresent his hostility toward in federal court, under the thin guise of national security which every authoritarian leader throughout history has used a a justification for discrimination and repression, ever since the Emperor Tiberius expelled the Jews and the follower of Isis (the Egyptian goddess, that is) from Rome 2,000 years ago in 19 A.D.

      Roger Algase
      Attorney at Law
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