02.06.17

Travel Ban!

Posted in Recent Decision at 5:03 am by Lalita Haran

On January 27th, 2017 President issued Executive Order (EO) imposing a travel ban on nationals from seven designated Muslim majority countries. The EO is challenged in the Federal Appeals Court at 9th Circuit that it is unconstitutional.

On February 3rd, the State of Washington filed a complaint in the federal District Court in Washington State. The Court granted a sweeping order of injunction against the EO directing the government agencies stop enforcing it.

On Saturday, February 4th, Department of Justice defending the EO appealed before the 9th Circuit Court and sought an emergency stay the order of injunction in the interest of national security which the President has a duty to protect. The Stay was denied. The Court also denied the request to appeal the denial.

Consequently, until 9th Circuit issues a further decision, all government agencies whether the Department of State (Consulates), USCIS or CBP (at the land border an airports) etc. must follow standard policies and procedures not the EO. The parties are likely to speed up the final hearing of this matter. Further hearing in this matter is awaited.

Travelers whose visa was previously cancelled under the Executive Order will have the cancellation reversed when they return and will be granted a waiver to enter the United States. It appears that there is no need to apply for new visa to replace the earlier visa cancellation.

Accordingly, the Department of State will refrain cancelling visa interviews or revoking the visa and CBP will refrain from refusing to allow entry of nationals from the designated countries: inspection and processing of travelers would happen following standard policy and procedure as before and world travelers can now resume coming into the United States.

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