Important Updates
Important Updates
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 29, 2025 | Saudi ArabiaSaudi Arabia: Increased Saudization Requirements for Certain Private-Sector Healthcare Roles
October 29, 2025Saudi Arabia: Mandatory Health Insurance Prior to Temporary Work Visa Issuance
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 29, 2025 | Saudi ArabiaSaudi Arabia: Increased Saudization Requirements for Certain Private-Sector Healthcare Roles
October 29, 2025Saudi Arabia: Mandatory Health Insurance Prior to Temporary Work Visa Issuance
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Supreme Court Allows Trump to Enforce Travel Ban Until Lower Courts Rule on Challenges

December 5, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Executive Summary

  • The Supreme Court issued an order allowing the Trump Administration to implement its newest travel ban while lower courts continue to consider challenges to it.
  • Restrictions, which vary by country, will affect certain nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen, unless exempt or granted a waiver.

The situation

The Supreme Court today issued an order that will allow the Trump Administration to fully enforce its travel restrictions on certain nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen, pursuant to a presidential proclamation that was issued on September 24, 2017.

The Trump Administration had previously been barred from implementing the ban on its intended effective date of October 18, 2017, after two lower federal courts issued injunctions that temporarily enjoined enforcement of most of the ban's restrictions. Following the Trump Administration's appeal of those rulings and request for temporary permission to implement the proclamation, the Ninth Circuit Court of Appeals allowed it to partially take effect, but exempted travelers with a bona fide relationship to a person or entity in the United States.

Today's order by the Supreme Court removes the relationship exemption and allows the Administration to fully implement the ban while challenges continue in the Courts of Appeals for the Fourth and the Ninth Circuits.

The travel restrictions

The Administration is soon expected to announce when it will begin to impose the travel restrictions pursuant to the Supreme Court's order. When implemented, nationals of the eight countries are expected to be subject to the following U.S. travel limitations, unless otherwise exempt:

  • Chad:  No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas.
  • Iran:  No nonimmigrant visas except F and M student visas and J exchange visitor visas; no immigrant or diversity lottery visas.
  • Libya:  No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas.
  • North Korea:  No nonimmigrant, immigrant or diversity lottery visas.
  • Somalia:  Nonimmigrant visa applicants subject to heightened scrutiny; no immigrant or diversity visas.
  • Syria:  No nonimmigrant, immigrant or diversity lottery visas.
  • Venezuela:  No B-1, B-2 or B-1/B-2 visas for officials of designated Venezuelan government agencies. Other visa holders are subject to verification of traveler information. No restrictions on immigrant or diversity lottery visas.
  • Yemen:  No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas.

 

Exemptions and waivers

Several classes of foreign nationals are exempt from the restrictions, including U.S. lawful permanent residents, dual nationals traveling on a passport from a non-restricted country, foreign nationals who hold a valid U.S. visa or advance parole and those who were physically in the United States on the applicable original effective date of the travel restrictions.

Those who are not exempt may request a waiver when applying for a visa. To be eligible for a waiver, a foreign national must demonstrate that he or she would suffer undue hardship if denied entry, and that his or her entry would not pose a threat to U.S. national security or public safety and would be in U.S. national interest. Waivers are discretionary and may be difficult to obtain.

What this means for travelers

Foreign nationals who are currently in the United States, hold a passport from a restricted country (other than exempt dual nationals) and would need to apply for a visa to reenter the United States should carefully consider the risks of international travel and the potential for significant delays.

As a reminder, all foreign nationals - including those exempt from the travel restrictions - are subject to national security screening and the potential for additional vetting when applying for a U.S. visa or admission to the United States.

Looking ahead

The travel restrictions will be implemented while the Fourth and Ninth Circuits continue to hear challenges to the presidential proclamation. The Ninth Circuit is scheduled to hear oral arguments on December 6, while the Fourth Circuit is scheduled to hear oral arguments on December 8.

Fragomen is closely following the implementation of the court order and will issue additional client alerts as the Administration puts the restrictions in place.

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

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.