U.S. Supreme Court Reinstates Portion of Executive Order Banning Travel of Certain Foreign Nationals

On June 26, 2017 the U.S. Supreme Court heard the government's appeal of the lower court decisions blocking the administration's executive order banning travel from six countries for 90 days and suspending the U.S. refugee program for 120 days.  In its decision, the Court upheld portions of the lower court injunctions, but allowed the government to stop entry of foreign nationals "who lack any bona fide relationship" with U.S. persons or entities.  Read the Supreme Court's order.

It is too early to know how the State Department and other federal immigration agencies will implement the Supreme Court's order.  The government will need to determine whether a foreign national has a bona fide relationship that will allow him or her entry to the U.S.  Based on the language in the Order, students who have been admitted to a U.S. college or university should be eligible for a visa and admission, and individuals who have been offered an appointment or employment at a U.S. college or university should also be eligible for a visa and admission, but ultimately it will be up to the discretion of State Department consular officers at U.S. consulates or embassies abroad, and to U.S. Customs & Border Protection at the ports-of-entry as to whether a foreign national will be able to come to the U.S.