Basic information
Executive Order 13780, signed by President Trump, places limits on travel and entry into the US on six Muslim-majority countries -. However, the United States District Court for the District of Hawaii issued a temporary restraining order on March 15, 2017 that blocked the implementation of key parts of the EO.
The Trump administration then appealed to the US Supreme Court to consider the legality of the EO in June.
The US Supreme Court issued an order agreeing to hear the Trump administration's challenge to rulings blocking his executive order that restrict travel from six Muslim-majority countries in October.
To begin, we grant both of the Government’s petitions for certiorari and consolidate the cases for argument. The Clerk is directed to set a briefing schedule that will permit the cases to be heard during the first session of October Term 2017.
Excerpt from the SCOTUS per curiam decision
The ruling also allowed parts of the executive order to go into effect while the court prepares to hear arguments later this year.
We now turn to the preliminary injunctions barring enforcement of the §2(c) entry suspension. We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States. We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated, as specified in this opinion.
Excerpt from the SCOTUS per curiam decision
Who is NOT affected by the ban?
Foreigners from the 6 countries who meet the below criteria will not be affected by the Executive Order and will still be allowed to enter the US:
- Foreigners (applying for nonimmigrant visa - B, C-1, C-3, D, or I visas) with a bona fide relationship will be allowed to enter the US.
- Foreigners who are permanent residents.
- Foreigners who hold a Non-Immigrant visa: A-1, A-2, NATO 1 though NATO 6, C-2, C-3, G-1, G-2, G-3, and G-4 visas.
- Foreigners who already have a visa valid on June 26, 2017.
- Foreigners who hold dual nationality and travelling on a passport issued by a country other than the six.
- Refugees who are admitted by the State Department before 8 p.m. EDT on June 29, 2017.
This means that all immediate family members and students will be exempt from the travel restriction.
What constitutes a "Bona Fide" relationship?
Foreigners with a close family member already living in the US will be exempt from the ban. A "close family member" includes parents, spouse, children, and sibling while grandparents are not included.
The Supreme Court explained, “For individuals, a close familial relationship is required. . . .” A “close family” relationship includes: a parent (including parent-in-law), spouse, child, adult son or daughter, fiancé(e), son-in-law, daughter-in-law, and sibling, whether whole or half. This includes step relationships. However, “close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law and any other “extended” family members.
From this FAQ published by the Department of Homeland Security
References