Ninth Circuit Approves Latest Travel Ban, in Part

The U.S. Court of Appeals for the Ninth Circuit has lifted, in part, a district court's injunction that temporarily blocked enforcement of the Trump administration's latest travel ban. In September, President Trump issued a proclamation restricting travel from eight countries. A federal district court in Hawaii had temporarily blocked the proclamation's enforcement. On November 13, 2017, however, the Ninth Circuit ruled that the travel ban could proceed for individuals who did not have a “bona fide relationship” with a close family member or a U.S. entity. 

The ruling defined "close family members" to include parents, spouses, children, grandparents, grandchildren, cousins, aunts, uncles and brothers/sisters-in-law.  If the individual asserts a close relationship with a U.S. entity, that relationship must be “formal, documented, and formed in the ordinary course,” rather than for the purpose of evading the travel ban. 

What this Means for Individuals Affected by the Order

Those who do not have a bona fide relationship with a close family member or U.S. entity from Chad, Iran, Libya, Somalia, Syria and Yemen may be banned from entry into the United States.  In addition, the original suit brought before the Hawaii district court did not include the bans on immigrants and nonimmigrants from North Korea or officials of certain Venezuelan government agencies and their immediate family members seeking entry on tourist or business visas.  This means that their entry remains suspended.

The administration plans to appeal the Ninth Circuit’s decision but, in the meantime, the suspension will be implemented in accordance with the Ninth Circuit’s ruling.

We will continue to monitor the implementation of the travel ban proclamation.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.