Breaking: Supreme Court Allows Full Implementation of Muslim Ban 3.0

Posted by: Jennifer Nimer Tags: There is no tags | Categories: News

December
5

The Supreme Court issued a decision on the Muslim Ban (‘Muslim Ban 3.0’) this afternoon. This is not a decision on the merits, so litigation is still ongoing, but for now the ban will be implemented in full. Our chart above details the restrictions by country.
Today’s developments have raised numerous concerns and questions, which we attempt to answer below. Please note that this information is subject to change based on the various legal challenges that may be advanced in court. The interpretations below can change quickly and we will update you should that happen.
What happened?
On October 20, 2017 a District Court in Hawaii had placed a preliminary injunction (stay) on most of President Trump’s travel ban 3.0. The Supreme Court today lifted that stay.
Timing?
As of this afternoon, there is no longer anything preventing the Trump Administration from implementing the Muslim Ban immediately. We expect the ban to be immediately reinstated.
Who Will Be Impacted?
Certain nationals of eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Please see below for a list of how certain nationals from each country will be impacted.

General limitations
  • Muslim Ban 3.0 only applies to individuals who are i) outside of the U.S. on the effective date (either 9/24/2017 or 10/18/2017, depending on the country and individual), ii) who did not have a valid visa on that date, and iii) who have not obtained a waiver under section 3(c)
  • It DOES NOT apply to:
        • Lawful permanent residents (green card holders);
        • Individuals admitted or paroled into the U.S. on or after the effective date of the new Muslim Ban;
        • Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of the new Muslim Ban;
        • Dual-nationals traveling on a passport from a non-designated country;
        • Individuals granted asylum;
        • Refugees already admitted to the U.S.; or
        • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

      AFFECTED COUNTRIES:

      IRAN
      All immigrant and nonimmigrant entry is suspended for Iranian nationals except for those with F, J, or M visas.
      Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
      LIBYA

      All immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended

      SOMALIA
      All immigrant visas are suspended for Somali nationals.
      Non-immigrant visas are permitted, subjected to heightened screening.
      SYRIA
      All immigrant and nonimmigrant entry is suspended for Syrian nationals.
      SUDAN
      Sudan was removed from the list of restricted countries in the new Muslim Ban.
      Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
      YEMEN
      All immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.
      CHAD
      All immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended.
      NORTH KOREA
      All immigrant and nonimmigrant visa holders are suspended from entering the U.S
      VENEZUELA
      The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
      Per Section 3(b)(v) of the new Muslim Ban, certain Venezuelans traveling on diplomatic visas are not affected by this order.
      What’s next?
      Muslim Ban 3.0 is currently in front of Federal Appellate Courts. Irrespective of how the Appeal Courts rule, the matter will go back to the Supreme Court where they are expected to rule on the merits of the Muslim Ban 3.0.
      How to Get Legal Help
      You can contact us if you or someone you know is impacted by this Muslim Ban and would like legal advice or assistance, or if your community would like to request a “Know Your Rights” presentation.
      CAIR-Columbus: 614.451.3232 or info@cair-columbus.com
      We remain committed to challenging this Ban and protecting the communities we serve. Please do not hesitate to reach out.

 

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