The U.S. Supreme Court allows a portion of the Trump travel ban to proceed immediately and temporarily. The ban may only be enforced against those who do not have a “bona fide relationship with a person or entity in the U.S.”
The six predominantly Muslim countries that are subject to the ban are: Iran, Libya, Somalia, Sudan, Syria, and Yemen
The President’s order does not apply to American citizens, or to dual nationals who enter the United States presenting their passport from a country not under the ban. It also does not apply to foreigners who are in the U.S.
According to the court, travelers entering the U.S. must show a “bona fide relationship with a person or entity in the United States.” A State Department cable deems a bona fide relationship to a person to include the following family members: parent (including parent-in-law), spouse, fiancée, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step relationships.
Bona fide family relationships do not include, “grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-laws and sisters-in-law and any other ‘extended’ family members.”
Bona fide relationships with entities would include students attending universities and employees working for companies in the U.S.
The revised Travel Ban was issued by Trump in March 2017 and is supposed to last 90 days. The U.S. refugee program is suspended for 120 days. The time reportedly needed is to address gaps in the government’s screening and vetting procedures.
The Supreme Court agreed to review matters fully in October, noting that the government had not asked it to act faster. It suggested that the administration could complete its internal reviews over the summer, raising the prospect that the case could be moot (no longer relevant) by the time it comes back to the Supreme Court.
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