U.S. Supreme Court Allows Travel Ban to Go into Full Effect

On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban.1 The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight countries has gone into full effect until a decision is rendered on pending appeals.  That order barred citizens of Chad, Iran, Libya, Somalia, Syria, and Yemen who lack a “credible claim of a bona fide relationship with a person or entity in the United States” from entering the U.S.  Oral arguments on the cases challenging the travel restriction were scheduled for December 6, 2017 in the U.S. Court of Appeals for the Ninth Circuit and December 8, 2017 in the Fourth Circuit.

The Supreme Court’s decision follows a Ninth Circuit ruling lifting an injunction that temporarily blocked enforcement of the travel ban. 

With the September 24 travel ban now in full effect, employers should review Littler’s “New Presidential Proclamation Restricts Travel from Eight Countries,” which explains the practical significance of this travel ban. Employers should also determine the employees in their existing workforce subject to the travel restriction, and develop strategies surrounding where and how to conduct business meetings.

Travel Ban Navigator, a complimentary tool, is now available to provide employers and current and/or prospective employees preliminary information to help determine whether they are affected by President Trump's revised "travel ban," issued in September 2017. If you have additional questions, please contact Jorge Lopez, Chair of Littler's Global Mobility and Immigration Practice Group, at (305) 400-7504.

See Footnotes

1 For Littler’s continuing coverage concerning the administration’s various travel bans and associated legal challenges, see Michelle White and Jorge Lopez, Temporary Restraining Order Halts the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries (Littler ASAP, Feb. 4, 2017); Sean McCrory and Jorge Lopez, DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries (Littler ASAP, Mar. 20, 2017); Jorge Lopez and Shin-I Lowe, U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy (Littler ASAP, Jun. 26, 2017); Jorge Lopez and Shireen Judeh, New Presidential Proclamation Restricts Travel from Eight Countries (Littler Insight, Sep. 26, 2017); Michelle White, Ninth Circuit Approves Latest Travel Ban, in Part (Dec. 1, 2017).

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.