The Court’s decision affirms President Donald Trump’s authority to ban noncitizens from entry into the United States if he finds it necessary for the country’s protection.
The US Supreme Court on June 26 upheld the president’s most recent presidential proclamation (the Proclamation) of September 24, 2017, which impacted entry into the United States by individuals from eight named countries. The Court’s 5-4 decision overturns a preliminary injunction previously issued by the US District Court for the District of Hawaii and remands it to the US Court of Appeals for the Ninth Circuit for further proceedings consistent with its holdings. Chief Justice John Roberts authored the majority opinion, in which he wrote that US immigration law provides the president “broad discretion to suspend” entry into the United States by noncitizens upon a finding that allowing them to enter would be “detrimental to the interests of the United States.”
The current state of the travel ban is described in full below.
The country-specific visa and entry restrictions imposed by the Proclamation are the following:
The Proclamation notes that, subject to certain exceptions shown below, the suspensions of and limitations on entry shall apply only to foreign nationals of the designated countries who (1) are outside of the United States on the applicable effective date; (2) do not have a valid visa on the applicable effective date; and (3) do not qualify for a visa or other valid travel document. The US Department of Homeland Security (DHS) previously confirmed following the September 24 order that the Proclamation is expressly limited to individuals who do not have a valid visa on the effective date of the Proclamation.
Notwithstanding the travel limitations described above, the suspension of entry pursuant to the Proclamation will not apply to the following:
The Proclamation describes the restrictions imposed upon nationals of the eight affected countries as “conditional” and states that they may be lifted depending upon future cooperation with the US government’s efforts to impose enhanced security practices—such as adopting electronic passports, sharing criminal data, reporting lost/stolen passports, and providing data on known and suspected terrorists.
As we described in our prior alerts, applicants not otherwise subject to the Proclamation may still face additional scrutiny and delay during their visa application processes. Effective May 25, 2017, consular offices implemented the Trump administration’s “extreme vetting” efforts through a three-page supplemental questionnaire that requests, among other information, passport numbers, employment history, and travel history—including the source of funding—over the past 15 years. Affected applicants can also expect to be asked to hand over their phone and other electronic devices, including contact lists and photographs, for close examination.
For more information, or if you have any questions regarding the issues discussed in this Immigration Alert, please contact any of the following attorneys:
New York/ London
 The Trump administration originally included Chad among the eight but removed it in April 2018.
 The prohibition on the entry of “immigrants” applies only to persons holding immigrant visas and seeking to enter the United States with such visas for the first time. It does not apply, as discussed below, to persons holding permanent resident cards.
 Those affected are officials of Venezuelan agencies involved in screening and vetting procedures, including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations, as well as their immediate family members.