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Monday, October 30, 2017

Third Travel Ban Blocked by Courts


On Tuesday, October 17, U.S. District Judge Derrick K. Watson in Hawaii blocked the Trump administration’s latest travel ban, which was set to go fully into effect on Wednesday, October 18.  The ban would have prevented various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela from entering the United States.
 
One day after Judge Watson’s order, on Wednesday, October 18, U.S. District Judge Theodore Chuang in Maryland also blocked the ban in a more limited way, saying the administration could not enforce the ban on any person with a “bona fide” connection to the United States. 
 
Judge Watson largely avoided claims that the ban violated the Constitution by mostly targeting Muslim-majority nations, instead saying that his court did not need to address the matter since it had already found the ban in violation of immigration law. In a 40-page decision granting the state of Hawaii’s request for a temporary restraining order nationwide, Watson wrote that the latest ban “suffers from precisely the same maladies as its predecessor.” Judge Chuang’s block was more limited in scope, though he did describe the latest attempt as an “inextricable reanimation of the twice-enjoined Muslim ban.”    
 
In both Hawaii and Maryland, the courts blocked the order from affecting travelers from Syria, Libya, Iran, Yemen, Chad, and Somalia, but did allow the ban to take effect regarding certain Venezuelan government officials and their families, and travelers from North Korea. 
 
With these temporary orders in place, the administration cannot prevent travelers from six of the eight countries from entering the United States. 
 
For more information, please see coverage of these developments as reported by NPR, the Washington Post, and the Los Angeles Times.  For specific questions pertaining to your personal situation, please contact the SIL attorney with whom you have been working.     

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