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US Supreme Court decision upholds portions of travel ban

On Behalf of | Jul 5, 2017 | US Immigration Law |

As many people in Miami are well aware, President Donald J. Trump has been trying to pass a travel ban order over the last few months. An injunction was placed on the travel ban by Federal Circuit Courts in parts of the US, but a final decision had not been made as to its legality. The US Supreme Court finally decided to hear the matter, but will not make a final decision until October. However, in the mean time they lifted the injunction on portions of the travel ban until they can make a final decision.

They allowed the travel ban for the six countries listed in the order and refugees unless an individual has an existing “bona fide relationship” in the US. This was not defined, but they did provide examples such as a close familial relationship such as a spouse, students already admitted into universities, workers who accepted jobs in the US, people coming to speak to a US audience and others. However, they did not exactly make US immigration law much clearer.

Because of the fact that bona fide relationship was not strictly defined, there are many questions which now arise about who has this relationship and who does not. Legal experts expect many lawsuits to sort this out as people try to enter the US. Another aspect that is unclear is whether the bona fide relationship standard will be applied to refugees and if so whether those that have already been assigned to a relocation agency will have the required relationship based on that.

Many individuals in Miami have relatives who are trying to get into the US. There are many more who wish to enter the US to remove themselves from devastating situations like in Haiti. The Supreme Court’s decision in part makes it more difficult to enter and also makes it much more confusing. It is important to understand how this decision will be enforced and experienced attorneys in Miami may be a useful resource.

Source: Miami Herald, “Supreme Court decision raises new questions: Who is exempt from the travel ban,” Franco Ordonez, June 26, 2017