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Travel Ban Allowed to Exclude Certain Refugees – For Now

On Monday, September 11, 2017, Supreme Court Justice Anthony Kennedy issued a temporary order allowing the exclusion of most refugees pursuant to the Trump administration’s Travel Ban while the Court considers the ultimate legality of the revised Executive Order.

As noted in our September 8 Client Alert, the 9th Circuit Court of Appeals had let stand the Hawaii District Court’s temporary injunction, which expanded the relationships of those citizens of the six affected countries deemed eligible to apply for entry to the U.S. to include refugees being assisted by U.S.-based resettlement agencies, as well as those having certain family members in the U.S. 

While not affecting the latter group, Monday’s temporary order does undo the travel ban exemption for refugees who would otherwise have been eligible to apply for entry beginning Tuesday, September 12.

This order is temporary and will stand while the Supreme Court considers a more complete ruling, which is expected soon.

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