ADEA State Update

The Legal Corner - December 2017

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SCOTUSBuildSCOTUS Allows the Trump Administration’s Travel Ban to Go Into Effect While Legal Challenges Progress

On Dec. 4, a divided Supreme Court allowed President Donald Trump’s Sept. 24 proclamation, commonly known as the travel ban, to take full effect while legal challenges in the U.S. Court of Appeals for the Fourth Circuit and the U.S. Court of Appeals for the Ninth Circuit move forward on the merits. The two brief court orders (found here and here) indicated that Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the government’s request for a stay of the two district court preliminary injunctions against the Sept. 24 proclamation.

The Trump Administration will now be able to limit entry into the U.S. by foreign nationals from eight countries: Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea and certain officials from Venezuela, even if they have a relationship with a U.S.-based person or institution. The order effectively supersedes a compromise the justices reached in June, when they allowed an earlier version of the ban to take partial effect but exempted people with “bona fide” U.S. connections.

ADEA will continue to monitor developments as legal challenges to the travel ban are heard in both appeals courts. The U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, held a hearing in Seattle, WA, on Dec. 6. The U.S. Court of Appeals for the Fourth Circuit, based in Richmond, VA, held a hearing on Dec. 8. 

See the December 2017 issue of the ADEA Washington Update for more information on the travel ban.

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