Late Saturday, the Court of Appeals for the Ninth Circuit denied the Trump Administration’s request to place an immediate hold on a federal district judge’s nationwide temporary restraining order (TRO) against the President’s entry ban executive order. The ruling means that the entry ban remains suspended for now, but the appeals court will continue to consider the Administration’s request for an emergency stay that would allow it to enforce the President’s order while it appeals the lower court’s TRO.
The situation on the ground remains very fluid. The court challenge is moving swiftly, which means that the entry ban could be put back into force at short notice. The parties to the court case have until Monday to file briefs in the latest stage of the case, and a further court decision could come soon thereafter. The court schedule means that there is an opportunity to travel to the United States with less risk through Monday, February 6 at 3pmPST/6pmEST, subject to U.S. visa requirements (see below).
Foreign nationals from a restricted country should continue to exercise extreme caution before traveling to or departing from the United States. If you are a foreign national from one of the seven restricted countries, are not a U.S. lawful permanent resident and do not have a passport from a non-restricted country containing a valid U.S. visa, you should take the following into consideration:
- If you are currently in the United States, traveling internationally remains inadvisable under current circumstances. If the appeals court overturns the TRO and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.
- If you are outside the United States, contact your Fragomen professional to discuss specific issues that may arise if you decide to travel while the parties to the lawsuit are filing briefs and before the court renders a decision whether to stay the TRO. Though the TRO against the entry ban remains in place for now, the window to travel to the United States may be brief. If the Trump Administration ultimately wins an emergency stay of the TRO, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted. You must have a valid U.S. visa in your passport. If your visa has been physically cancelled, please contact your Fragomen professional to discuss next steps.
If you are a U.S. lawful permanent resident, you remain able to travel internationally without restriction. If you are a dual national and hold a passport from an unrestricted country and a valid U.S. visa, you should be eligible to enter the United States even if the executive order is reinstated.