CURRENT INFO ON THE MUSLIM BAN

June 30th, 2017 | Jennifer Nimer

UPDATE 10/12/17 – The Supreme Court has dismissed one of two pending travel ban cases, which were scheduled to begin hearings on October 10.  A separate case from the 9th Circuit, based in California, remains pending because it includes a ban on refugees worldwide that won’t expire until later this month. But the Supreme Court is likely to ditch that case, which began in Hawaii, as well.

Both challengers have already re-filed new legal challenges to the new ban in the lower courts.  CAIR has also filed a legal challenge – more information on that can be found here.

UPDATE 9/25/17 – President Trump issued yet another ban, which we call Muslim Ban 3.0.  This revised ban blocks certain immigrants and non-immigrants from eight countries – Syria, North Korea, Somalia, Chad, Libya, Venezuela, Iran, and Yemen.  Although additional non-Muslim majority countries were added to this version of the order, the overwhelming majority of those affected will be Muslims.  For detailed info on the new ban, click here.

The Supreme Court has also cancelled the oral arguments set to occur in October regarding the previous version of the ban.  The Court gave the parties until October 5 to submit new briefs and it remains to be seen if or when oral arguments will be rescheduled.  Stay tuned for more information.

UPDATE 7/19/17 – The Trump administration challenged the Hawaii ruling in the US Supreme Court.  The Supreme Court upheld the ruling as to grandparents and other relatives, but did not uphold the portion of the Hawaii ruling regarding refugees with a formal assurance of resettlement from a resettlement agency.  This means that for the time being only refugees with a close family relationship will be allowed to enter the country.  The full case will be heard by the Supreme Court in October.

UPDATE 7/14/17: Yesterday a Hawaii court ruled that the definition of a “close family relationship” will also include grandparents, aunts, uncles, neices & nephews, and cousins (who were all formerly excluded from the definition of family).  The court also ruled that refugees who had formal assurances of resettlement with a US resettlement agency would also be excluded from the ban.  The Hawaii decision applies nationwide and should go into effect immediately.  

6/26/17 – On Monday, the Supreme Court agreed to partially lift the block on the travel portions of the Muslim ban and to hear the case this fall. Below are answers to some of the most frequently asked questions about what that means. If you have questions that are not answered here.

REMEMBER THE BAN ONLY AFFECTS NATIONALS OF THE FOLLOWING SIX COUNTRIES: IRAN, SYRIA, YEMEN, SOMALIA, SUDAN, LIBYA

(Note: If you or anyone you know is being directly impacted by this ban, please report it here.)

 Who Is Exempt From the Ban?

  1. US citizens
  2. Lawful Permanent Residents (Green Card Holders)
  3. Dual citizens traveling on passports not issued by one of the six countries
  4. Students with a documented relationship to a US university or school
  5. Refugees who have a bona fide close family relationship with a U.S. person or entity (see below)
  6. Immigrants applying through an immediate relative or family member or through an employer
  7. Anyone who has been granted asylum or admitted as a refugee;
  8. Anyone traveling on a diplomatic visa
  9. NEW as of 7/14/17: Refugees who have a formal assurance of resettlement through a resettlement agency
  10. Other categories may also be exempt. Consult with an immigration attorney about your individual status.

Who Has a Bona Fide Relationship with a U.S. Person or Entity?

  1. Anyone with a formal, documented job offer from a US-based employer;
  2. Any student who has been admitted to a US college, school, or other educational institution;
  3. A lecturer who has been invited to speak to an audience in the US;
  4. A parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, or sibling of someone in the United States.  Fiancees were initially excluded from this list but were added shortly before the ban was implemented.
  5. A refugee who has a formal assurance of resettlement from a refugee resettlement agency

What if I Cannot Establish a Bona Fide Relationship with a U.S. Person or Entity?

Contact an immigration attorney. You may be able to qualify for a case-by-case “waiver” if the government determines that:

  1. Denial of entry for 90 days would cause you undue hardship;
  2. Your entry would not pose a threat to national security; and
  3. Your entry would be in the national interest.

Comments are closed.

Skip to toolbar