On July 19, 2017 the U.S Supreme Court issued its latest opinion in respect of the U.S travel ban.

Discharge of the Interim Injunction, Preventing Enforcement of President Trump’s Executive Order on Immigration

By way of background, on June 26, 2017, the U.S Supreme Court delivered its ruling on whether the interim injunction preventing President Trump from implementing his Executive Order on Immigration should be upheld pending a trial of the legality and constitutionality of the Executive Order in October 2017 or discharged.

In the main, the U.S Supreme Court discharged the interim injunction and allowed President Trump to implement his Executive Order on Immigration, subject to an important qualification. The U.S Supreme Court ruled that the Trump Administration could enforce the ban on citizens of Iran, Syrian, Sudan, Libya, Yemen and Somalia entering the U.S only in respect of individuals who lack a “bona fide relationship with any person or entity in the U.S”. The U.S Supreme Court remarked that such a relationship would exist where a visa applicant was, inter alia, a “close familial relative” of a U.S citizen.

Much debate ensued, regarding the interpretation of the term “bona fide relationship” and, in particular, what constituted a “close familial relative” within the meaning of the U.S Supreme Court’s ruling.

District Judge Watson, a Federal Judge in Hawaii, subsequently ruled that the term “close familial relative” included the grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of people in the US, prompting the U.S Department of Justice to file a motion at the U.S Supreme Court seeking clarification of the term “bona fide relationship” or, in the alternative, a stay of the implementation of District Judge Watson’s ruling, pending an appeal of the judgment.

The U.S Supreme Court’s Latest Ruling

On July 19, 2017, the U.S Supreme Court declined to include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of people in the US within the scope of the “travel ban”. The U.S Supreme Court indicated that its opinion was temporary, pending an appeal of the issue to the 9th Circuit Court of Appeals.

The U.S Supreme Court will hear the trial on the legality of the travel ban in October 2017. We look forward to the outcome.

Davies Legal

At Davies Legal, we provide advice and representation in relation to all types of family, business and employment-related immigration. We offer innovative immigration solutions, a one-stop shop for business immigration and a thorough, meticulous service for a competitive fixed fee. Call now for more information regarding our services and a free, no obligation quote.

 

Published: 26th July 2017