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Immigration Update - United States | Latest Update of U.S Travel Ban

Posted: 07/02/2017              Author: Santa Fe Relocation Services

The Department of Homeland Security ("DHS") officially announced on the afternoon of February, 5, 2017 that the Executive Order barring entry temporarily to seven predominantly Muslim countries due to alleged security concerns was no longer in affect. This comes after a Federal Judge in Seattle ruled against the ban and a federal appeals court denied the Justice Department’s request to immediately reinstate President Trump’s Executive Order barring entry to those affected by the ban. Instead, the appeals court asked the ban’s challengers to respond to the appeal, and for the Justice Department to file a counter-response by afternoon on Monday February, 6, 2017 with the removal of the ban remaining in effect until a decision has been made by the court.
 
In the Friday, 3, 2017 ruling, the Court said Washington state had met the high burden to justify a restraining order by showing that Trump’s order was causing “immediate and irreparable injury,” and that the state had a substantial likelihood of winning its underlying lawsuit challenging the travel ban’s constitutionality.

What you need to know:
 
• The situation remains fluid and the court could still uphold the ban with little notice.
• The court schedule means that there is a short opportunity to travel to the United States with less risk through Monday, February 6 at 3pmPST/6pmEST, subject to U.S. visa requirements.
• The ruling in Washington, comes amid other legal battles over Trump’s travel ban in states across the country. On Friday, a federal judge in Massachusetts sided with the Trump administration. The disparate rulings may eventually push the matter to the U.S. Supreme Court.

It should be noted that foreign nationals from a restricted country should continue to exercise extreme caution before traveling to or departing from the United States until the ban comes to a legal conclusion, most likely, at the Supreme Court.
 
We will continue to closely monitor the news to provide updates as developments occur and are available to answer any concerns or questions you may have.
 
Please do not hesitate to reach out to your contact below if you have any questions in the meantime:

Europe   - Bob Day, Global Immigration Operations Director (robert.day@santaferelo.com)
ASIA – Soumeya Messadi, Head of Immigration for Asia (soumeya.messadi@santaferelo.com)
US – Bruna Frota, US Immigration Attorney (bruna.frota@santaferelo.com)