June 26 Update:
On June 26, the U. S. Supreme Court agreed to hear argument this October in the 4th and 9th Circuit travel ban cases, which they consolidated for that purpose, and made an interim ruling that partially upheld the injunctions against the second Executive Order (E.O.2).
The Supreme Court held that the travel bans could not be enforced against nationals of the six countries named in E.O. 2 (Iran, Libya, Somalia, Sudan, Syria and Yemen) who have “a credible claim of a bona fide relationship with a person or entity in the U.S.” To define a bona fide relationship, the Supreme Court looked to balancing the equities and to the facts of the cases in the lower courts. There, Doe and Dr. Elshikh were determined to be directly affected because their immediate family members, a wife and mother-in-law, respectively, were being denied entry. In Hawaii, the state was deemed directly and adversely impacted by the fact that students accepted to the state’s university were being prevented from entering the U.S. Conversely, if an individual without ties to the U.S. was being banned, the balance of the equities there favored national security.
So, for cases involving individuals, “a close familial relationship is required” and, for entities, the “relationship must be formal, documented, and formed in the ordinary course, rather than for purposes of evading EO-2.” The Court also applied the equitable balance and bona fide relationship to refugees and found it would not enforce the 50,000 cap if the requisite connections were present.
The immediate impact upon our members should be minimal as a result of this ruling.
Here is what you need to know about the President’s Executive Order on Immigration, how it may affect you or your colleagues, and what CIR is doing as a union to take action:
USCIS to Temporarily Suspend Premium Processing of H-1B Cases (updated as of March 29, 2017)
Frequently Asked Questions on the Executive Order Affecting Travel for Foreign Nationals (updated March 20, 2017)
Executive Orders on Immigration Issues Summarized (updated January 26, 2017)