In the meantime, the 90-day ban #TravelBan #MuslimBan and 120-day ban on refugee admission will become effective in 72 hours, on June 29, 2017, and will apply to people entering the U.S. from six predominantly Muslim countries. The partially reinstated executive order will ban the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen to the United States for 90 days, and suspends the admission of all refugees for 120 days.
The ban will not apply to people who have a "credible claim of a bona fide relationship with a person or entity in the United States." That includes people visiting a close family member, students who have been admitted to a university or workers who have accepted an employment offer.
What this means is that individuals from the six countries will be permitted to enter the United States if they have a “close familial relationship” with someone already here or if they have a “formal, documented” relationship with an American entity formed “in the ordinary course” of business. However, the Court said that such relationships cannot be established for the purpose of avoiding the travel ban. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.
Who is likely (probably) to be allowed to enter the United States:
- Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017: These individuals are not included in the travel ban.
- Individuals with visas coming to live or visit with family members: The Court’s order is clear that individuals who “wish to enter the United States to live with or visit a family member” have close familial relationships. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify.
- Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
- Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
- Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.
- Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear. The court's decision could result in numerous lawsuits, disputing the decision that they lack "connection" required.
- Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.
Three justices published a separate opinion, where Justice Thomas noted: "I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Executive Order No. 13780, ante, at 11, 12. "
#TravelBan #MuslimBan #ExecutiveOrder
Read the decision here.
UPDATE June 29, 2017:
The Executive Orders Travel Ban 90-day suspension of entry will be implemented
worldwide at 8:00 p.m. Eastern Daylight Time (EDT) on June 29, 2017.
The U.S. Department of State had clarified in the cable who is considered to have a "credible claim of a bona fide relationship with a person or entity in the United States."
According to the State Department, this “bona fide relationship” rule encompasses parents, parents-in-law, spouses, children, adult children, sons- and daughters-in law, and siblings (whole or half). This includes also step-parents and step-children.
According to the US DoS 06-29-2017 cable, there is no sufficient "bona fide relationship" and a visa will not be issued to the foreign nationals who are "grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-laws and sisters-in-law, fiancés and any other ‘extended’ family members.”
The Supreme Court clarified that “a foreign national who wishes to enter the United States to live with or visit … [his] mother-in-law … clearly has such a relationship.” (Emphasis added.) Under the Trump administration’s guidelines, a foreign national must be exempted from the ban if she wishes to visit her half-sister or mother-in-law, but is banned if she wants to see a grandmother or aunt who raised her.
The text of the cable, dated June 28, 2017 at 7:57:39 PM EDT, Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From: SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE is here.
UPDATE 09:00 PM CST June 29, 2017:
The U.S. Department of state had updated its morning cable and included fiancees into the list of "close family" required to establish "bona fide relationship" for a visa to USA from one of six affected countries.
"Close family” is defined as a parent (including parent-in-law), spouse, fiancee, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step relationships.
Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, and any other “extended” family members."
The US DoS also clarified the "fate" of Canadian permanent residents who hold passports from one of the six affected countries.
Good news for the Canadian residents:
"Are there special rules for permanent residents of Canada?
Permanent residents of Canada who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States if the individual presents that passport, and proof of permanent resident status, to a consular officer. These applications must be made at a U.S. consular section in Canada. A consular officer will carefully review each case to determine whether the applicant is affected by the E.O. and, if so, whether the case qualifies for a waiver." See here.