30 Jun 2017

The ‘Travel Ban:’ Terms and Conditions

As most of the country expected, the Supreme Court made a decision on June 26, 2017 to review the injunctions placed on President Trump’s travel ban. Prior to Monday, the travel ban implemented by Executive Orders 13769 and 13780 was temporarily put on hold due to injunctions issued by the lower courts.

The Supreme Court’s decision to review the case in October of 2017 came with an order to partially reinstate the travel ban. The Supreme Court cited the compelling issue of national security as their primary reason for quashing the lower courts’ injunctions.

So, what does the ban look like now? Starting today, there will be travel restrictions placed on the following countries: Iran, Libya, Somalia, Sudan, and Yemen. The ban will be upheld for the next 90 days, but the scope isn’t as broad as President Trump first hoped.

The ban will not apply to any individual who can prove a close family tie with the U.S. ‘Close family’ is a well-established concept in immigration law, and it includes parents, spouses, children, and siblings. It does not include grandparents, aunts or uncles, cousins, nieces or nephews, or any other extended family member.

In addition, the ban does not apply to anyone entering the U.S. for business or education, assuming the proper documentation can be produced. It also does not apply to anyone who already has a visa or travel document permitting entry to the U.S.

Despite the Supreme Court order, the scope of the travel ban is still very limited. However, it will still effect an estimated 108,000 travelers during the 90-day period.

Critics are as loud as ever, some citing the discriminatory nature of what many call the ‘Muslim Ban,’ while others refer to the practical downsides of the decision. Not only will the ban be costly to implement, slowing response times at major travel hubs and leaning heavily on the TSA, but there are also potential repercussions for our tourism revenue.

The arguments against the ban are varied but they are inevitably weighed against one solitary trump card: national security. Is the travel ban a convincing security measure? The Supreme Court certain seems to think so. Is the ban strictly legal? We’ll find out in October.

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