Oct 17 2017

Federal Court Temporarily Blocks Latest Entry Ban From Taking Effect

United States

Executive Summary

  • The Trump Administration has been enjoined from enforcing travel restrictions against nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen.

  • The Administration is expected to appeal the court order. 

Updated October 19, 2017

The situation

A federal District Court in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the Trump Administration from implementing most of the travel restrictions of a September 24 presidential proclamation. The order comes one day before the second phase of the travel restrictions was to take effect.

The court determined that the ban on the entry of nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen illegally discriminates based on nationality.

Travel restrictions on certain Venezuelan government officials and on nationals of North Korea remain in place.

A District Court in Maryland has issued a similar nationwide preliminary injunction. 

The Trump Administration is expected to appeal the decisions.

What this means for foreign nationals

In the wake of the court order, the State Department confirms that nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen may apply for U.S. visas and enter the United States if they are otherwise admissible. Restrictions could be reimposed if the TRO is overturned on appeal.

Notwithstanding the court order, nationals of the six countries remain subject to lengthy security checks under the Trump Administration’s extreme vetting policies, as well as heightened scrutiny at U.S. ports of entry.

Fragomen is closely monitoring the status of the presidential proclamation and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.