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E-Alert!!!
  
Trump Travel Ban Temporarily Reinstated
 
Temporary Injunction Lifted - 90 Day Ban Mostly Back in Effect
  
 
Casting aside lower court appeal decisions of the 4th and 9th Circuit U.S. Court of Appeals, the U.S. Supreme Court today (June 26th) has lifted the temporary injunctions imposed by the lower courts and has reinstated temporarily President Trump's Travel Ban. The decision (which can be found here) is not the final decision of the high court as the court has agreed to consolidate the two cases and will hear the case in its entirety during the first session of the October term 2017.
 
In the interim, the court is reinstating the 90 day ban on foreign nationals from entering the United States from the following countries:
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Syria
  • Yemen

The 90 day ban is measured from the date the preliminary injunction was lifted.

 

In taking this interim position, the court did impose one additional restriction. Specifically, the court determined that the ban would not apply "against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States" (such as seeking to visit a family member who lives in the United States or for entities, such as companies, some formal documentation - such as an employment offer letter from a United States company - demonstrating a bona fide relationship).
 

What it means for companies  

While the decision provides some examples as to this scope, it does not provide any further guidance as to how the government is to properly vet out whether and how that limitation should be applied in the scope of confronting people who are seeking entry. Therefore, for companies who have employees abroad (or who are considering sending people abroad), careful examination should be made as to whether the documentation exists that would demonstrate such a relationship - especially if they are considering bringing people stateside from the affected countries by the Executive Order.


 

Based upon earlier memorandum and statements issued by the administration, the President has stated that they would begin implementing the ban in 72 hours after receiving approval from the courts. [Now we will see if the Administration holds true to that position now.]
 

We'll keep you posted on further developments.
 

Thanks,

Mark Adams



 



   
  
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