Travel Ban Dispute

Since the beginning of the year, there has been an open political dispute in the USA over President Trump's travel ban on citizens of certain countries. The US Supreme Court has now announced its decision that parts of the ban can come into force.

Just one week after taking office, Donald Trump surprised the world by signing an executive order which, among other things, suspended visa applications and entry into the USA for citizens from seven predominantly Muslim countries for a period of 90 days.

Following the announcement, chaos erupted at airports and people around the world took to the streets to protest the executive order, which was quickly overturned by a court order in the United States.

On March 6, 2017, the Trump administration released a new, revised version of the original executive order. The revised order is considered a "lighter" version of the first order and did not include Iraq in the list of banned countries, but citizens from Iran, Libya, Somalia, Sudan, Syria and Yemen are still affected. The new decree also redefined where exceptions may apply.

This executive order was also met with resistance, and many courts ordered the ban to be blocked so that it could not come into force. In early June, the Trump administration then turned to the US Supreme Court to decide whether to uphold the lower court rulings or allow the entry ban to go into effect.

The decision of the Supreme Court of the USA

The US Supreme Court officially announced its decision on Monday, June 26, 2017.

First, the US Supreme Court stated in its decision that it would hear arguments from the Trump administration and that the appeal would likely take place in October.

In addition, the US Supreme Court announced that it will partially lift the block on the March order. This partial lifting will occur within 72 hours and will take effect on Thursday, June 29, 2017.

Consequences for travelers, visa applicants and visa holders

The following regulations in particular are expected to come into force on Thursday, June 29, 2017:

Nationals of the following six countries will not be allowed to travel to the U.S. or apply for a U.S. visa for 90 days (likely until September 27, 2017): Iran, Libya, Somalia, Sudan, Syria and Yemen.

U.S. travelers who are not affected

Citizens of the above six countries are not affected by the entry ban if:

• They are Lawful Permanent Residents (green card holders)
• legally entered the United States before June 29, 2017 or are already in the United States
• do not yet have a visa for the USA, but have an Advance Parole travel document, for example
• You have dual citizenship and can enter the USA with a second passport from a country that is not on the banned list, have been issued a US visa or are currently applying for a second citizenship visa
• You are a diplomat, NATO official, C-2 or G-1, G-2, G-3 or G-4 visa holder or applicant
• You already have refugee status

Persons who have traveled to the above-mentioned countries and have a nationality other than that of the banned countries are also not affected. They can continue to travel to the USA.

According to the decision of the US Supreme Court, exceptions to the entry ban and the suspension of visa applications are made for the following groups of people

• Citizens of the six countries that currently have pending cases in the US against the Executive Order
• Citizens of the six countries who can prove very close family ties in the USA
• Citizens of the six countries who can demonstrate a genuine relationship with an American organization

The last point leaves a lot of room for interpretation. The U.S. Supreme Court has stated at this point in time that verifiable family visits, studies or the acceptance of a job with an American employer must continue to be permitted. This would mean that people with a student visa (F-1), a work visa (e.g. E, L, H, O) or nationals of the countries concerned who are visiting close relatives in the USA may continue to enter the USA or continue to submit their visa application.

At this time, neither the Trump administration nor any other relevant US authority (US Department of State, US Customs and Border Protection, US Department of Homeland Security) has issued an official statement.

OUR RECOMMENDATION

1. we advise all affected citizens who are currently in the United States on an immigrant or nonimmigrant visa to play it safe and not leave the U.S. while their visa status is still valid. Even persons who are obviously not affected by the order due to the above-mentioned exceptions are advised not to leave the USA. At least not until the responsible US authorities issue an official statement.

2. individuals from the affected countries who are not currently in the U.S. and have a valid work or student visa (F, E, L, H, O), for example, should seriously consider traveling to the United States before June 29.