Executive Order Travel Ban Update(184)

Supreme Court Update on Executive Order Travel Ban

June 26, 2017

On the last day of its term, the Supreme Court said it would hear the Administration's case challenging the decisions of federal appeals courts on the President's Executive Order when it reconvenes in October. In the interim, it ruled to reinstate limited parts of the travel ban, specifically to individuals who do not have "a credible claim of a bona fide relationship with a person or entity in the United States". 

Students admitted to a U.S. school, lecturers invited to address an American audience, workers with an offer of employment and close family members are examples given by the court as those with a "bona fide" relationship.  

NAFSA: Association of International Educators has updated its Travel Advisory Resource page pursuant to the June 26, 2017 Supreme Court decision with the following summary:

“In a June 26, 2017 decision, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions on the 90-day travel ban, which had been issued by U.S. District Courts in Maryland and Hawaii. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." To qualify as a bona fide relationship with a U.S. entity, the Court states that "the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2."

The Court gives the following examples of individuals who would likely have the required "bona fide relationship" with a U.S. entity, and therefore would remain exempt from the 90-day ban:

  • Students who have been admitted to a U.S. school (e.g., F-1, M-1, or J-1 student)
  • Workers who accept an offer of employment from a U.S. employer (e.g., H-1B, O-1, TN)
  • Lecturers invited to address an American audience

The Court [also] stated in its decision:

"In practical terms, this means that §2(c) may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. ..For individuals, a close familial relationship is required. A foreign national who wishes to enter the United States to live with or visit a family member…clearly has such a relationship…”

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