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U.S. Supreme Court Reinstates Portions of 2nd Executive Order

September 19, 2017 3:45 PM

On March 6, 2017 President Trump signed into effect a revised version of his initial ‘travel ban,’ known as Executive Order 2 (EO-2). It temporarily banned travel to the United States by foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days.  EO-2 did not apply to U.S. lawful permanent residents, and foreign nationals who had already been granted asylum or had already been admitted to the U.S.

 
Yesterday, on June 26, 2017 the U.S. Supreme Court agreed to partially uphold and reinstate portions EO-2. This reinstatement specifically targets persons from the six countries who cannot show a “credible bona fide relationship with a person or entity in the United States.” Such persons will not be allowed an entry unless they are granted a “waiver of entry.”
 
Legal analysis of the court’s decision indicates that EO-2 will not apply to international students and scholars. Below is a summary of the court’s decision.  If you have any questions or concerns, please do not hesitate to contact our office at any time.  If you are currently outside the U.S. and have concerns or you plan to travel in the coming months, please get in touch with us.  We can help you sort through options and we can also connect you with free legal assistance for issues related to the executive order.
 
What counts as a “bona fide relationship” with the United States?
Below are some examples of foreign nationals from the six countries who can claim a “bona fide relationship” with the U.S. and enter the country:
  • Individuals who have a close familial relationship in the United States, such as an individual who wishes to enter the United States to live with or visit a family member.
    • The relationship must be formal, documented, and formed in the ordinary course, rather than for the purposes of evading EO-2.
  • Individuals who have a “formal, documented” relationship with an American entity that was “formed in the ordinary course.” Examples of such a relationship include:
    • Students who have been admitted to an American university.
    • Workers who have accepted an offer of employment from an American company.
    • Lecturers who have been invited to address an American audience.
 
The U.S. Supreme Court will hear the case during the October 2017 term. 
 
Supporting Materials and Resources:
 
As we get more information, we will keep you updated. Be sure to regularly check the blog. OISS will continue working with our campus partners, legal counsel, and professional associations to assess information related to any immigration policy changes that could potentially take place.