United States – Federal Courts Block President Trump’s | KPMG | GLOBAL

United States – Federal Courts Block President Trump’s Third Travel Ban

United States – Federal Courts Block President Trump’s

This report covers court orders issued in the past week that block U.S. President Donald Trump’s latest immigration travel ban.

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This past week U.S. federal court judges in Hawaii and Maryland issued orders partially blocking President Trump’s latest immigration travel ban1 before it was due to take effect at midnight (EDT), Wednesday, October 18.  

A federal judge in Hawaii issued a nationwide order against enforcement of the Presidential Proclamation imposing travel restrictions on citizens of Chad, Iran, Libya, Somalia, Syria, Yemen, and North Korea.2  (For prior coverage, see GMS Flash Alert 2017-144, September 29, 2017.)  The travel restrictions on certain Venezuelan government officials and citizens of North Korea remain in effect.  

The order by the federal judge in Maryland was more narrowly written and only blocked the administration from imposing the ban on foreign nationals of the above-noted countries who lack a “bona-fide relationship” with persons or entities in the United States.3 

WHY THIS MATTERS

Employers will continue to face uncertainty regarding international travel for employees from the affected countries in the foreseeable future while the appellate process goes forward.   Employees from the affected countries should consider avoiding any non-essential international travel given the possibility that the travel ban may be reinstated. 

If an employee from an affected country is currently abroad and has not previously been affected by the earlier travel bans, the employer will need to assess whether the employee should return now.  Employers may choose to extend the status of affected employees presently in the U.S., and advise the employee about the risks of traveling abroad at this time.

KPMG NOTE

If you have any questions about how this ongoing litigation may affect your company or employees, please contact a qualified immigration attorney.  

KPMG Law LLP immigration practice will endeavor to continue providing updates about this topical issue.  

FOOTNOTES

Presidential Proclamation 9645 of September 24, 2017 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” 

2  Hawaii –

3  Maryland –

  • Opinion.
  • Order (on the Brennan Center for Justice website). (Please note this is a third-party, non-KPMG (and non-governmental) website, that does not represent the opinions of KPMG Law LLP nor which KPMG Law LLP endorses.) 

Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.  

© 2017 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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