Update on “Travel Ban 3.0” Litigation

“Travel Ban 3.0” applies to people from Chad, Iran, Libya, No. Korea, Somali, Syria, Venezuela, and Yemen. This ban affected those applying for visas or entry as immigrants (permanent residents) and nonimmigrants (temporary stays). Read this post for more details about the specific immigrants and nonimmigrants affected. It does not apply to refugees.

On Dec. 22, 2017, the 9th Circuit Court of Appeals ruled against the government and found that the President exceeded his statutory authority when he issued Travel Ban 3.0.   The Court issued a partial preliminary injunction of Travel Ban 3.0 while the case proceeds through the federal courts. The injunction would block implementation of the ban as it applies to persons from the 8 countries who have a “credible bona fide relationship with a person or entity” in the U.S. – including immediate and specified extended family members, and those with a “formal, documented” connection to a business or university etc.

However, the 9th Circuit court then “stayed” its own preliminary injunction pending review by the Supreme Court, in deference the Supreme Court’s earlier decision on 12/4/2017.

On January 19, 2018, the Supreme Court agreed to hear the government’s appeal of the 9th Circuit’s decision.  Oral arguments are expected in the spring, with a decision by the end of June, 2018.

Update:  On February 15, 2018, in a separate challenge to Travel Ban 3.0, the 4th Circuit Court of Appeals, similar to the 9th Circuit, affirmed the Federal District Court of Maryland’s ruling enjoining portions of Travel Ban 3.0 , but stayed implementation of its ruling since the Supreme Court will be considering the case.

Bottom line: Travel Ban 3.0 remains in effect pending the Supreme Court’s decision. See this post for the impact of Travel ban 3.0.