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Supreme Court of the United States Upholds Trump Travel Ban

On June 26, 2018, the Supreme Court of the United States released its long-awaited decision in Trump v. Hawaii, No. 17-965 (2018). In a 5-4 decision, the Court upheld President Trump’s Executive Order (EO) banning most individuals from Chad, Iran, Libya, Somalia, Syria, Yemen, and North Korea and certain government officials and their family members from Venezuela. The Court held that the EO did not violate the Immigration and Nationality Act (INA) or the Constitution. Specifically, the Court held that the EO is within the President’s broad discretionary powers as granted by Congress through the INA. The Court also rejected arguments that the EO violates the Constitution’s Establishment Clause as anti-Muslim.

Effect of the Ruling: The travel ban EO will likely soon go into effect. Nationals of the affected countries who wish to enter or leave the United States should consult an immigration attorney. Under the EO, certain waivers may be available for individuals where deny entry would cause the foreign national undue hardship, entry would not pose a threat to national security or public safety, and entry would be in the national interest. Individualized waivers may be available as well.