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Supreme Court Issues Order Allowing Full Implementation of Proclamation

On Dec. 4, 2017, the Supreme Court issued an order allowing President Trump’s Proclamation on Travel Ban to go fully into effect. With certain exceptions, this ban places entry restriction on nationals of eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. As previously reported, in September a U.S. District Judge in Hawaii blocked the Proclamation from taking effect, except for nationals of North Korea and Venezuela. On Nov. 13, the Ninth Circuit Court of Appeals temporarily put part of the lower court’s ruling on hold, allowing the Proclamation to take effect, but only for those individuals from the impacted countries who do not have bona fide ties to the United States.

The Supreme Court’s order allows for the Proclamation to go fully into effect while appeals will be heard in the lower courts. It should be noted that the Proclamation does not have an expiration date, unlike the Executive Orders from earlier in 2017 which banned nationals from certain predominantly Muslim countries. 

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About this Author

Kristen W.  Ng, Greenberg Traurig, Business Immigration Lawyer

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...

Ian Macdonald, Business Immigration attorney, Greenberg Traurig, regulatory compliance lawyer, benefits transferability legal counsel, employment litigation risk, corporate representation

Ian R. Macdonald focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.