The Muslim Travel Ban: What is the Impact of the Supreme Court’s June 26, 2017 Decision

The Muslim Travel Ban: What is the Impact of the Supreme Court’s June 26, 2017 Decision

July 19, 2017
Because of two nationwide federal court injunctions, President Trump’s revised travel ban, Protecting the Nation From Foreign Terrorist Entry Into the United States, Exec. Order No. 13780, 82 Fed. Reg. 13209 (EO-2), did not take effect in March 2017 as intended. On June 26, 2017, the Supreme Court partially stayed these injunctions. Trump v. IRAP, __ U.S. __, Nos. 16-1436 (16A1190), 16-1540 (16A1191), 2017 WL 2722580, at *6 (June 26, 2017). Pursuant to this decision, EO-2 remains enjoined with respect to the majority of foreign nationals otherwise subject to it. However, EO-2’s travel and refugee bans now have been partially implemented pursuant to guidance issued by the Department of State (DOS) and the Department of Homeland Security (DHS) following the Supreme Court’s decision.

This practice advisory will address the Court’s decision and detail how DOS and DHS are implementing those portions of EO-2 that are no longer enjoined.

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