U.S. SUPREME COURT DISMISSES ONE OF THE LAWSUITS AGAINST TRUMP’S ORIGINAL TRAVEL BAN

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On October 10, 2017, the U.S. Supreme Court dismissed the lawsuit brought by the International Refugee Assistance Project (“IRAP”) against the original travel ban announced by President Trump in January. The Court wrote that there was no reason to continue the lawsuit because the travel ban IRAP was challenging expired on September 24.

There is still one other active lawsuit against the January travel ban in front of the Supreme Court, which was brought by the State of Hawaii. However, the Supreme Court could still decide to dismiss the Hawaii lawsuit, like it dismissed the IRAP lawsuit.

The Supreme Court chose to dismiss the IRAP lawsuit even though IRAP attempted to update its lawsuit on October 5 by adding new arguments against the new September 24 travel ban. Hawaii has also updated its lawsuit to include the September 24 travel ban, and has asked a lower court to block the new travel ban.

There are at least three new lawsuits against the September 24 travel ban that have been filed by non-profit groups and individuals harmed by the travel ban. These cases are still at the lowest court level and have not reached the Supreme Court yet.

Original Sources:
Justices End One Immigration Ban Row After Order Expires (October 10, 2017)
https://www.law360.com/articles/973162

Justices end 4th Circuit travel-ban challenge (October 10, 2017)

Justices end 4th Circuit travel-ban challenge

Trump’s Travel Ban Hit With New Legal Challenges (October 10, 2017)
https://www.law360.com/articles/972736

Hawaii Asks Judge to Block Trump’s Latest Travel Ban (October 11, 2017)

Hawaii Asks Judge to Block Trump’s Latest Travel Ban

The New US Travel Ban

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WHAT U.S. EMPLOYERS AND THEIR FOREIGN EMPLOYEES SHOULD KNOW ABOUT THE NEW TRAVEL BAN

There is much uncertainty after the latest visa and travel restrictions announced by U.S. President Donald Trump on September 24, 2017. These restrictions apply to citizens of 8 different countries and could limit the hiring, promotion, business-related trips and other travel for individuals from these countries working for U.S. businesses.

There are waivers potentially available that may allow citizens of the 8 restricted countries to visit or work in the U.S., but it is not yet clear how the waivers will be administered.

Because of this uncertainty, it is recommended that American businesses should pay close attention to the nationality of their employees and keep all paperwork – such as I-9 forms for employee eligibility verification – up to date.

In the new policy, some of the 8 nations have more restrictions than others. For example, businesses should try to keep all Iranian employees from leaving the United States at all, until things change. If a business is not careful, it could have its employees stranded outside of the country.

These business immigration issues have become more complex, it has become more important for business owners and investors to consult immigration specialists instead of leaving these matters to human resources generalists.