New Travel Ban Issued; Supreme Court Cancels Upcoming Arguments

September 25, 2017

The temporary travel ban precluding United States' admission to nationals from six Muslim-majority countries expired Sunday, September 24, 2017. In response, the Administration issued a new Executive Order affecting eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In addition, Iraqis are subject to stricter scrutiny. Sudan is the only country from the original list no longer subject to the ban. Refugees are not affected by this new order: the existing ban will expire October 24, and it is anticipated the Administration will issue another Order before that time.

 

Under the new "Proclamation," certain nationals from these countries will be permanently barred from entry to the United States, unless that country meets "minimum requirements" premised on national security. The new effort claims to be based on national security rather than religion, and is country-specific rather than global. Purportedly countries can come off this list and new ones added. There is an argument that this is a Muslim ban that is unconstitutional and unlawful. The countries that are affected by the draconian bans are Muslim-majority countries. Travel from North Korea. is already severely restricted and the restrictions on Venezuela are limited to government officials traveling on business, tourist, or business/tourist visas. Syria and North Korea are hardest hit: there is no entry for immigrants or non-immigrants.

 

Effective dates:

  • immediate for those already banned under the second Executive Order because they have no "bona-fide" relationship to the United States

  • October 18 for everyone else

 

The Supreme Court has canceled oral arguments that were set for October 10 on the travel and refugee bans. The Court did not drop the cases altogether; rather, it has requested new briefing on the impact of the new Order issued last night.

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