President Trump’s Travel Ban: Round 3

Since our last update in June, President Trump’s travel ban has been modified in an ongoing effort to withstand judicial scrutiny. The Trump administration’s second ban was set to be reviewed by the Supreme Court in October. However, the order was rendered moot by its own terms when it expired on September 24. On the same day as its expiration, President Trump issued a “Proclamation” which represented the administration’s third attempt to meet applicable legal requirements. This latest version establishes visa and travel restrictions for individuals from Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia. The new travel restrictions set forth an indefinite duration, which is subject to review every 180 days and aims to adopt a more tailored approach based on recommendations from the Department of Homeland Security. The most recent Proclamation was blocked by two District Court judges the day before it was set to go into effect on October 18.

Judge Watson of the U.S. District Court of Hawaii, who previously enjoined President Trump’s second travel ban, again issued an opinion enjoining the latest ban. Judge Watson held that the new ban “lacks sufficient findings” that the entry of individuals from the affected countries would be detrimental to the United States and also held that the Proclamation violates certain sections of the Immigration and Nationality Act. The ban, as it relates to North Korea and Venezuela, was not at issue and remains in place.

Shortly following the Hawaii decision, Judge Chuang of the U.S. District Court for the District of Maryland also issued an injunction, albeit with a more limited scope. Judge Chuang only enjoined the ban as it applies to those with bona fide relationships with either a person or entity in the United States. This language mirrors that set forth by the Supreme Court in a decision earlier this summer.

It is very likely both district court decisions will be appealed by the Trump administration. We will continue to monitor any and all developments and provide updates related to the latest travel ban.

For more information, contact SS+D’s Immigration Practice Group at Kulrich@ssdlaw.com, in our Dayton office at 937.222.2052 or in our West Chester office at 513.644.8125.

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