Visa Lawyer Blog
On Monday morning, the United States Supreme Court announced that it will hear arguments for and against the President’s controversial executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” otherwise known as the “travel ban,”when it reconvenes in October of this year. The President’s executive order seeks to block the admission of foreign nationals from 6 predominantly Muslim countries (Syria, Sudan, Somalia, Iran, Libya, and Yemen) for a period of 90 days, and suspend the admission of refugees for a period of 120 days.
This announcement sets in motion the end of a long legal battle challenging the scope of the President’s executive power on immigration. This Fall, the Court will be tasked with determining whether the ban violates the establishment clause of the U.S. Constitution, as well as key provisions of the Immigration and Nationality Act, signed into law by Congress.
In the meantime, the Supreme Court has announced, in their per curiam opinion, that a limited version of the President’s executive order will remain in effect, until the Court makes its final ruling. In their opinion, the Court ruled that foreigners who have no ties or relationships in the United States may be prohibited from entering the country. This would include individuals applying for visas who have never been to the United States, or have no family, business, or other ties.
To this end, the court decided to stay or halt the injunctions blocking the President’s executive order “to the extent the injunctions prevent enforcement of,” the President’s executive order, “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.”
On the other hand, the court stated in their opinion that the President’s executive order “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”
Justices Thomas, Alito, and Gorsuch dissented from the court’s majority opinion, because in their view, halting the injunctions of the lower courts would unfairly allow the travel ban to continue until the Court issues a final ruling.
In response to the Court’s opinion, the President released the following statement, “Today’s unanimous Supreme Court decision is a clear victory for our national security. It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective. As President, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive…”
This is a developing story. Please continue to check our blog for more information.