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Latest Immigration News

Latest Immigration News

On September 24, 2017, President Trump issued what many are calling Travel Ban 3.0.  This latest Executive Order covers eight (8) countries: Chad, Iran, Libya, North Kore, Somalia, Syria, Venezuela, and Yemen.  Below is additional information on the scope of the Executive Order in relation to each individual country listed.  This latest Executive Order replaces all previously issued travel bans.

Litigation against enforcement of this latest travel ban has already begun and additional information will be provided here as it is available.

If you have any questions about this content or ideas for information that should be posted, please contact either the International Students and Scholars Office or the Faculty Immigration Coordinator.

On July 13, 2017, the U.S. District Court for the District of Hawaii modified its preliminary injunction to expand the definition of "close family relationship" and to prevent the enforcement of the travel ban against refugees who have a formal assurance from a resettlement agency in the U.S. or are part of the Lutenberg Program.  More information can be found here.

On June 26, 2017, the U.S. Supreme court agreed to hear President Trump's appeal of the injunction on the travel ban, and in the interim, allowed a very modified version of the ban to take effect. 

The Court ruled that Section 2(c) -- the six-nation travel ban -- CANNOT be enforced against foreign nationals who have "a credible claim of a bona fide relationship with a person or entity in the United States." With regard to entities, the Court explains that a "[bona fide] relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2. The students from 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 lecturer invited to address an American audience." (emphasis added.)

Department of State and Department of Homeland Security have updated their Frequently Asked Questions.  Links to both can be found below.

On May 25th, the Fourth Circuit Court of Appeals issued a decision that maintained the injunction on the second travel ban.

Fourth Circuit of Appeals (Virginia)  will consider the legality of this latest Executive Order on May 8, 2017 while the 9th  Circuit Court of Appeals (San Francisco) will hold a parallel hearing on May 15th.

Second Executive Order blocked by federal judges in Hawaii and Maryland.

Travel Ban 2.0-On March 6, 2017 President Trump issued a revised Executive Order temporarily restricting the issuance of new visas to citizens of the following countries that are currently outside of the United States:  Sudan, Syria, Iran, Libya, Somalia and Yemen.  This new Executive Order takes effect on March 16, 2017 and also revokes the Executive Order 13769 issued on January 27th.

Unlike the previous Executive Order, citizens of Iraq are not part of this Executive Order.  This new Executive Order is also not intended to restrict the rights of anyone already in the United States.  Below is additional information released by the Department of Homeland Security regarding this latest Executive Order.  This page will continue to updated with additional resources as they are discovered.

Executive Order issued January 27, 2017 - Travel Ban 1.0

The Executive Order 13769, banning entry into the U.S. of citizens from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia, is currently under a court issued stay - prohibited from being enforced.  In a decision issued on February 9th, the the Ninth Circuit refused to lift the current stay.

Department of Homeland Security has confirmed they are not enforcing the ban and are proceeding with entry inspections as they did before the executive order was issued.  The Department of State has reversed the revocation of visas and continues to issue new visas to citizens of these countries.  USCIS is processing applications as normal.

However, it is important to remember that this situation could change quickly and any citizen of the above named countries should carefully consider any plans to travel outside of the U.S.

Below is a summary of the events and current status of the executive order.

March 6, 2017

Revoked by new Executive Order effective March 16, 2017.

February 9, 2017

The Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay, finding that it failed to show a likelihood of success on the merits of its appeal, and that it also failed to show that the lack of a stay would cause irreparable injury. Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.
In terms of next steps, the U.S. District Court for the Western District of Washington has ordered all briefing associated with Plaintiffs’ motion for preliminary injunction to be completed by Friday, February 17, 2017. A hearing on the preliminary injunction has not yet been scheduled.

February 7, 2017

A three-judge panel of the Ninth Circuit heard oral argument on the Department of Justice's motion to re-instate the executive order banning travel from seven Muslim-majority countries.  A ruling from the appellate court on whether to grant the administration's request to set aside the current stay of the executive order is expected in a couple of days.

February 6, 2017

Joint declaration by Madeleine K. Albright, Avril D. Haines, Michael V. Hayden, John F. Kerry, John E. McLaughlin, Lisa O. Monaco, Michael J. Morell, Janet A. Napolitano, Leon E. Panetta, and Susan E. Rice stating, "We all agree that the United States faces real threats from terrorist networks and must take all prudent and effective steps to combat them, including the appropriate vetting of travelers to the United States. We all are nevertheless unaware of any specific threat that would justify the travel ban established by the Executive Order issued on January 27, 2017. We view the Order as one that ultimately undermines the national security of the United States, rather than making us safer. In our professional opinion, this Order cannot be justified on national security or foreign policy grounds."

February 4, 2017

The Ninth Circuit Court of Appeals denied the DOJ's request for an immediate administrative stay and set the matter for hearing.

February 4, 2017

The Department of Justice filed an emergency motion under Circuit Rule 27-3 for administrative stay and motion for stay pending appeal, and requested that the Court enter a stay pending appeal of the district court's February 3, 2017, injunctive order.

February 3, 2017

Nationwide temporary restraining order was granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees. Judge James L. Robart wrote, "The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government." (State of Washington v. Trump, 2/3/17)

February 1, 2017

The state of Minnesota joined the lawsuit and an amended complaint was filed. (State of Washington v. Trump, 2/1/17)

January 30, 2017

The state of Washington filed a lawsuit in federal court challenging President Trump's 1/27/17 Executive Order on constitutional grounds, as well as claims that it violates the INA, the Foreign Affairs Reform and Restructuring Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. The state also filed a motion asking the court to grant a nationwide temporary restraining order. (State of Washington v. Trump, 1/30/17)

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