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IRT Update: Appeals Court Allows Third Travel Ban To Partially Take Effect

Wednesday, November 15, 2017

November 15 Update from the Immigration Response Team:

Challenges to the Trump Administration’s third travel ban continue to wend their way through court, with a federal appeals court ruling on Monday that Travel Ban 3.0 can partially take effect.

The U.S. Court of Appeals for the 9th Circuit lifted a lower court injunction, allowing the ban to go into effect except for people from Syria, Iran, Libya, Yemen, Somalia and Chad with a “bona fide relationship with a person or entity in the United States.” The injunction did not include North Korea and Venezuela, and the ban remains in effect for those countries.

Examples of a “bona fide relationship” with a person or entity in the United States reflect the definition from a June Supreme Court ruling involving the second travel ban (see our June 25, 2017 post below). That includes:

  • People who want to visit or live with a family member in the United States, including grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins. 
  • Students at U.S. universities or individuals that have already been admitted into a U.S. university;
  • Employees of U.S. companies or individuals that have already accepted employment with a U.S. company; or
  • Lecturers invited to speak to an American audience.

See the full update on the IRT website.

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