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December 12, 2017

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Ninth Circuit Allows Partial Implementation of President Trump’s Proclamation on Travel Ban

On Sept. 24, 2017, President Trump issued a Proclamation with visa and travel restrictions. It imposed new limitations on nonimmigrant and immigrant visa issuance and travel to the United States for citizens/nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The Proclamation came after two Executive Orders imposing travel bans were issued earlier this year but were delayed in implementation by the federal courts.

On Oct. 17, 2017, U.S. District Judge Derrick K. Watson in Hawaii blocked the Proclamation from taking effect as it applied to all the banned countries, except North Korea and Venezuela. In his ruling, Judge Watson stated that President Trump exceeded his authority as president to impose these restrictions, based on nationality.

On Nov. 13, 2017, the U.S. Court of Appeals for the Ninth Circuit temporarily put part of Judge Watson’s ruling on hold. The Ninth Circuit allowed the Proclamation to partially take effect, but only as it applies to those who have no bona fide ties to the United States. The Ninth Circuit clarified that a bona fide relationship will include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of people in the United States.

©2017 Greenberg Traurig, LLP. All rights reserved.

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About this Author

Kristen W.  Ng, Greenberg Traurig, Business Immigration Lawyer
Associate

Kristen W. Ng focuses her practice on business immigration and compliance matters. She advises individuals and companies on a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases, citizenship issues (acquisition, retention and relinquishment) and investor cases (E-2 and EB-5). She communicates directly with clients, including HR managers, high-level executives, and employees to ensure comprehension of each respective immigration process and procedure and to collaboratively produce the best immigration strategy and approach for...

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