During the first week in December, the Ninth Circuit Court of Appeals and the Fourth Circuit Court of Appeals heard oral arguments on President Trump’s third travel ban. On Dec. 22, 2017, the Ninth Circuit issued a decision that partially blocked the third travel ban. The Ninth Circuit ruled that the travel ban will not be enforced against “foreign nationals who have a bona fide relationship with a person or entity in the United States.” The U.S. Supreme Court’s decision in December, however, supersedes the Ninth Circuit’s decision. The U.S. Supreme Court held that the Trump administration could fully implement and enforce the third travel ban on all eight countries. On Jan. 6, 2018, the Trump administration petitioned the U.S. Supreme Court to review the Ninth Circuit’s decision, which the U.S. Supreme Court granted on Jan. 19. The U.S. Supreme Court will consider 4 questions:
- Whether courts can review a challenge to the travel ban executive order at all;
- Whether the executive order falls within the president’s authority over immigration;
- Whether the Hawaii district court’s order applies too broadly; and
- Whether the executive order violates the Constitution’s establishment clause.
At this time, the Fourth Circuit has not issued a decision. Northeastern will continue to follow the situation closely and will provide updates as additional information becomes available. Please contact the Office of Global Services at OGS@northeastern.edu if you have any questions.