Supreme Court Upholds President’s Travel Ban

On June 26, 2018, the Supreme Court upheld the Trump Administration’s ban restricting nonimmigrant and immigrant entry for certain foreign nationals who are citizens or nationals of seven countries: Libya, North Korea, Syria, Venezuela, Yemen, Iran and Somalia. The decision lifts the temporary injunctions issued by the lower courts, and remands the cases for hearing on the merits subject to the Supreme Court’s interpretation of the Constitution and immigration laws. Key elements of the majority’s decision include the following:

• The President has lawfully exercised the broad discretion granted to him by Congress to suspend the entry of aliens to the United States for purposes of national security.
• Plaintiffs have not demonstrated a likelihood of success on the merits of their claim that the
• Proclamation violates the Establishment Clause (which generally prohibits the government from discriminating on the grounds of religion).

For additional information on the Supreme Court decision, the Presidential Proclamation and designated countries, please see links below:

• Full text of Supreme Court ruling: https://www.supremecourt.gov/opinions/17pdf/17-965_h315.pdf
• Department of State Summary by country — Libya, North Korea, Syria, Venezuela, Yemen, Iran, and Somalia (*Last updated April 2018; additional guidance may be published after June 26, 2018)

Please consult with immigration counsel for legal advice. Individuals concerned about the impact of travel restrictions should consult with an attorney before making plans to travel to or depart from the United States or attempting to enter/apply for a visa to enter the U.S.

Gibney will continue to monitor events and how these new guidelines will be implemented at the border and at Consulates abroad. For additional information, please visit Gibney’s Immigration Advisory and FAQs.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.