This report covers the U.S. Supreme Court’s decision concerning President Donald Trump’s third attempt at a travel ban, this time via presidential proclamation.
On December 4, 2017, by a 7-2 vote, the Supreme Court of the United States (“SCOTUS”) issued an order permitting full enforcement of the U.S. government’s travel restrictions on certain nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, pursuant to the presidential proclamation that was issued on September 24, 2017.1 (For prior coverage, see GMS Flash Alert 2017-155, October 25, 2017.)
SCOTUS’s decision is temporary, pending the current litigation of the Proclamation in two separate circuits of the U.S. Court of Appeals.
The December 4 SCOTUS decision removes the temporary injunctions that had been imposed, and allows the U.S. government to fully implement the ban while legal challenges continue in the Courts of Appeals for the Fourth and the Ninth Circuits. This could have implications for employers with employees who travel internationally from the aforementioned countries currently in the U.S. or intending to come to the U.S., as well as for researchers, academics, and students who are nationals of the aforementioned countries currently in the U.S. or intending to come to the United States. The Trump Administration is expected to announce when it will begin implementing the ban. Once the ban is implemented, nationals of the eight countries will be subject to the U.S. travel limitations, unless otherwise exempt.
After the Proclamation was issued, two lower federal courts in separate challenges partially blocked the ban’s restrictions from being fully enforced. However, following the appeal of those rulings and request for temporary permission to implement the proclamation, the Ninth Circuit Court of Appeals allowed the ban to partially take effect. Both cases are currently pending, with oral arguments scheduled in the Ninth Circuit in Seattle on Wednesday, December 6, and in the Fourth Circuit in Richmond, Virginia, on Friday, December 8.
If you have any questions about how this ongoing litigation may affect your company or employees, please contact your immigration attorney.
KPMG Law LLP will continue to provide updates regarding the impact of this requirement as and when they become available.
For additional information or assistance, please contact your local GMS or People Services professional* or one of the following professionals with the KPMG International member firm in Canada:
Morwenna K. Claire
Associate Attorney, U.S. Immigration
KPMG Law LLP – Tax + Immigration, Canada
Senior Attorney, U.S. Immigration
KPMG Law LLP – Tax + Immigration, Canada
* 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.
© 2018 KPMG LLP, a Canada 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.
KPMG International Cooperative (“KPMG International”) is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
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.