Supreme Court Reinstates Parts of President Trump’s “Travel Ban”

On Monday, June 26th, the Supreme Court allowed limited parts of President Trump’s “travel ban” to go into effect. The provision banning travelers from six countries – Libya, Iran, Somalia, Sudan, Syria and Yemen – will take effect with an exception for those who have a “credible claim of a bona fide relationship with a person or entity in the United States.” Examples of those with a “bona fide” relationship include students at US universities or employees of US companies or those visiting or living with a family member. The 120 day ban on admission of refugees will also take effect.

The Supreme Court will hear oral arguments on the case in October. However, even the court indicated that circumstances may change dramatically by October. “Travel Ban 2.0” is supposed to be temporary for 90 days while the government reviews its vetting procedures – as such, the issue may be moot by October.

The Department of Homeland Security is currently consulting with the Departments of Justice and State and will provide additional details on implementation shortly. According to DHS, the implementation of the Executive Order “will be done professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry.”

As a practical matter, the interpretation of a “bona fide relationship with a US person or entity will be incredibly subjective and is likely to result in inconsistent interpretations and unpredictability for impacted individuals.