Supreme Court Allows Travel Ban Exemption for Grandparents and Certain Other Relatives
July 14, 2017
Country / Territory
(Updated July 20, 2017)
The Supreme Court denied the Trump Administration's motion to clarify its ruling on the March 6 travel ban executive order and allowed a Hawaii federal district court ruling that exempts certain family members from the ban. The ruling means that grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States are not subject to travel restrictions.
However, the Supreme Court stayed a portion of the lower court decision that enjoined the government from applying the ban to refugees who have a formal assurance of placement services from an agency within the United States, due to pending litigation in the Court of Appeals for the Ninth Circuit.
On June 26, 2017, the Supreme Court ruled that the Administration could enforce the ban, but exempted persons with a bona fide claim to a relationship with a person or entity in the United States and prohibited the travel ban from being applied against foreign nationals with close family in the United States. Guidance from the Departments of Homeland Security and State originally took the position that grandparents, grandchildren, and other relatives were not close family members. The State of Hawaii asked the federal district court to block the agency’s narrow interpretation of the Supreme Court exemption.
What This Means for Travelers
The Supreme Court’s action maintains part a lower court injunction which expands the class of foreign nationals who are exempt from the ban, but stays the portion relating to some refugees pending further litigation with the Court of Appeals for the Ninth Circuit. The Supreme Court is scheduled to hear arguments in the case on October 10, 2017. Fragomen is closely monitoring the travel ban and related litigation, 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.
Country / Territory
Explore more at Fragomen
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.
Blog post
This blog discusses the complexities individuals face when navigating international travel while awaiting their residence permit in France.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Blog post
Partner Rahul Soni and Senior Associate Xiaodan (Susan) Song help international commercial enterprise investors make informed decisions by explaining the differences between EB-5 rural projects and high unemployment projects.
Video
Immigration Consultant Azela Hadia discusses how those planning to attend the 2024 Olympics and Paralympics Games in Paris can prepare for their trip from an immigration perspective.
Blog post
This blog provides an overview of immigration programs and relief options by USCIS for Venezuelan nationals amidst the political and economic crisis in Venezuela.
Media mentions
Partner Ángel Bello Cortés shares why Ireland needs a standardised visa system that’s faster and more consistent.
Blog post
This blog discusses Australia's Resident Return visa and its associated "compelling reasons" criteria.
Blog post
Senior Associate Sarah Melnick discusses the available immigration options for individuals not selected in this year's H-1B Cap Lottery.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha dados recentes sobre o aumento de vistos de trabalho para profissionais da produção de proteína halal.
Fragomen news
Silicon Valley Managing Partner Kristi Nevarez is recognized as an honoree in the Silicon Valley Business Journal's 2024 Latinx Business Leadership Awards.
Blog post
This blog discusses the complexities individuals face when navigating international travel while awaiting their residence permit in France.