On June 26, 2017, the Supreme Court lifted part of the injunction that prevented implementation of President Trump’s Executive Order, Protecting the National from Foreign Terrorist Entry into the United States. The Supreme Court also agreed to review legal arguments from the two federal court cases stemming from the Executive Order, which calls for a temporary suspension of entry of foreign nationals from six predominantly Muslim countries, this October.
The Supreme Court will allow the executive branch to implement the travel ban under strict limits, stating that the travel ban cannot be imposed on individuals who have “credible claim of a bona fide relationship with a person or entity in the United States.” On June 28, 2017, the State Department issued a cable to U.S. consulates and embassies on how to apply the limited travel ban that will go into effect this evening. The cable defines individuals having a bona fide relationship with a person in the United States as “close family.” The cable’s definition of “close family” encompasses the following individuals:
- Parent (including parent-in-law)
- Adult son or daughter
- Sibling, whether whole or half, including step relationships
The cable goes on to say that “close family” does not include the following:
- Brothers-in-laws and sisters-in-law
- Any other ‘extended’ family members
The cable states that individuals claiming a bona fide relationship with a U.S. entity must have a formal, documented relationship with the U.S. entity, a relationship that was formed in the ordinary course rather than for the purpose of evading the Executive Order. The cable provides examples of bona fide relationships with U.S. entities, including the following:
- An eligible I visa applicant employed by foreign media that has a news office based in the U.S.
- Students who have been admitted to U.S. educational institutions
- A worker who accepted an offer of employment from a company in the U.S.
- A lecturer invited to address an audience in the U.S.
Precisely how this cable’s framework will be implemented remains to be seen. We will provide updates on this breaking story as it develops.