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In Brief

US Supreme Court Order Allows Third Trump Travel Ban to Take Effect

5 December 2017
Mayer Brown In Brief

On Monday, December 4, 2017, the Supreme Court lifted two lower court orders that had prevented the third in a series of presidential travel bans from taking effect. Issued on September 24, 2017, the “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” imposes nationality-based travel restrictions as a result of the worldwide review conducted by the secretary of homeland security, in consultation with the secretary of state and the director of national security, as required by Section 2(b) of Executive Order 13780. The country-specific restrictions affect travel to the United States by nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Yemen and certain employees of the Venezuelan government.

Implementation of the travel ban had been enjoined by order of federal district courts in Maryland and Hawaii in October. Litigation on the constitutionality of the travel ban remains ongoing, with oral arguments scheduled this week in the US Courts of Appeals for the Fourth and Ninth Circuits.

Authors

  • Elizabeth (Liz) Espín Stern
    T +1 202 263 3825
  • Paul Virtue
    T +1 202 263 3875
  • Grace Shie
    Partner
    T +1 202 263 3845
  • Maximillian L. Del Rey
    T +1 202 263 3350
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