Latest US travel ban restored by Supreme Cour

On the 5th of December 2017, the US Supreme Court allowed the Trump administration’s latest travel ban to take full effect while the case is pending litigation on the merits, to determine whether all or part of the ban is unconstitutional and should be permanently enjoined.The State Department has announced that the travel ban will take full effect from 8th December 2017. Restrictions on nationals of Venezuela and North Korea went into effect on 18th October 2017.According to Reuters, “The court, with two of the nine justices dissenting, granted his administration’s request to lift two injunctions imposed by lower courts that had partially blocked the ban, which is the third version of a contentious policy that Trump first sought to implement a week after taking office in January.”

Background of the original Trump travel ban

On the 24th of September 2017, just as the previous travel ban was due to expire, the US President issued a Proclamation indefinitely imposing various new restrictions on immigrant and non-immigrant entry for certain nationals of five of the countries affected by the previous travel ban (Iran, Libya, Somalia, Syria and Yemen) and three additional non-Muslim majority countries (Chad, North Korea and Venezuela). See also this Department of Homeland Security fact sheet.Note that travel restrictions were removed from Sudanese nationals. The latest travel restrictions do not affect refugees.Subsequently, lower courts issued injunctions preventing the new version of the ban from going into full effect, and on November 13th, the Ninth Circuit Court of Appeals issued an order that partially upheld a lower’ court’s injunction.The Ninth Circuit decision had allowed the travel ban to be enforced, except with respect to those who have “a bona fide relationship with a person or entity in the US.”

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