Trump Travel Ban


NOTE: This article has been updated.

As promised, Andres Mejer Law is closely monitoring the Trump travel ban and its rollout.  Below, we discuss some of the most recent updates.

The Federal Government’s Implementation of the Partial Travel Ban

On June 29, 2017, the federal government started implementing the partial Trump travel ban. According to the Supreme Court’s decision, President Trump cannot ban visa applicants from six Muslim-majority countries and refugees if they have a bona fide relationship with the United States. In the decision, the Court gives three examples of bona fide relationships:

  • Having family in the United States,
  • Having a legitimate job offer, or
  • Being accepted at an American university.

Before the travel ban became effective, the government reviewed the Supreme Court’s decision and interpreted these criteria.

Family in the United States

The Supreme Court states that there is a bona fide relationship if you have close family within the U.S. The Trump Administration is interpreting “a close familial relationship” as:

  • Parents and stepparents,
  • Spouses and fiancés,
  • Children (including adult children),
  • Siblings and stepsiblings, and
  • Parents-in-law, sons-in-law, and daughters-in-law.

Grandparents, aunts, uncles, nephews, nieces, cousins, and other relatives are not considered “close family.”


Refugees who are already in transit will be allowed to enter through July 6, 2017. After that, Mr. Trump’s executive order halts the processing of refugees for at least 120 days. However, there are exceptions to this rule. Refugees can still be admitted on a case-by-case basis. Additionally, your refugee application will be processed if you have a bona fide relationship with the United States. A relationship with a refugee resettlement agency is not considered a bona fide relationship.

Business Travelers and Tourists

Business travelers and tourists from the six Muslim-majority countries will not receive new non-immigrant visas unless they have a bona fide relationship with the United States. It appears that business people have bona fide relationships if they:

  • Have well-documented business relationships in the United States,
  • Are professional journalists,
  • Currently are travelling with a recognized international organization or agency,
  • Are diplomats, or
  • Are lecturers who have been invited to speak in the United States,

If you have a valid visa, it will likely be honored.

Diversity Visas

When immigrants do not have a job or family within the United States, they typically apply for immigrant visas through the diversity visa lottery system.  It is unclear whether diversity visa holders have a bona fide relationship with the United States.

Hawaii Files Another Lawsuit Concerning the Trump Travel Ban

On June 29, 2017, Hawaii asked the federal courts to review the Trump Administration’s newest travel ban policies.  In its motion, Hawaii asks the court to:

  • Define a “close familial relationship,”
  • Confirm that refugees with a bona fide relationship can enter the United States, and
  • Address whether the government can presume that immigrants lack a bona fide relationship.

We will continue to closely monitor this case.


Trump Travel Ban to Go Into Effect

On June 26, 2017, the United States Supreme Court permitted partial implementation of the Trump travel ban. While the president has celebrated the Court’s decision as a political “win,” this may be an overstatement. In reality, the Supreme Court’s decision impacts a relatively small group of visa applicants. However, immigration advocacy groups are watching closely for abuse.

Understanding the Travel Ban’s History

There have been two versions of President Trump’s “Executive Order Protecting The Nation From Foreign Terrorist Entry Into the United States” — or, the Trump travel ban. Initially, seven Muslim-majority countries were targeted (including Iraq) and Christian refugees were given preferential treatment. The Trump administration argued that the ban was necessary while it evaluated immigration vetting procedures. The Ninth Circuit Court of Appeals quickly stopped this first version of the travel ban, finding the president overstepped his authority.

In response to the court’s decision, Mr. Trump revised his original executive order in March 2017. The intent of the changes were to protect the travel ban from additional judicial scrutiny. The March 2017 travel ban imposed the following restrictions:

  • No new visas for citizens of six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) for at least 90 days, and
  • Halting the U.S. refugee program for at least 120 days.

The government clarified that the travel ban addressed future visa applications — and did not impact current visa holders.

Again, the courts stopped the implementation of the travel ban — voicing concerns about religious discrimination and presidential authority. The Trump Administration appealed these decisions, arguing that the President has broad authority over issues of immigration and national security.

What Parts of the Travel Ban Are Going Into Effect?

The Supreme Court, in an unsigned order, allowed certain parts of the travel ban to take effect. However, the Court imposed a new limitation on the Trump travel ban. The United States cannot bar immigrants with a “bona fide” connection to our country. This includes immigrants that have:

  • Family in the United States,
  • A legitimate American job offer, or
  • A place at an American university.

Additionally, the justices encouraged the government to quickly and effectively finish their review of the visa and refugee vetting processes. In a partial dissent, the Supreme Court’s more conservative justices (Justices Thomas, Alito, and Gorsuch) argue that the Trump travel ban should be fully implemented.

How Will the Partial Trump Travel Ban Impact Immigrants?

Within the legal and non-profit communities, there are differing opinions about how the partial Trump travel ban will impact immigrants. Some, such as the American Civil Liberties Union (ACLU), do not think the partial ban will impact many visa applicants. Others, including Amnesty International, have a bleaker view.

Mr. Trump’s travel ban will be effective 72 hours after the Supreme Court’s decision. It is important to note that the partial travel ban only affects new visa applicants — and not current visa holders. And, if you have a legitimate job offer, university acceptance letter, or family within the United States, the Trump travel ban should not impact you.

Initially, the Trump travel ban caused chaos at American airports and resulted in a flood of litigation. The federal government rescinded tens of thousands of visas. Others were stranded in airports and unnecessarily detained. The federal government is currently reviewing the Supreme Court decision and determining how to implement the partial ban. We are monitoring this implementation closely and are prepared to fight any abuse that occurs.

Finally, this Supreme Court decision is not the Court’s final assessment of the ban. The Court will revisit the travel ban in the fall of 2017 — looking at the constitutionality of Mr. Trump’s executive order and the limits of presidential authority. Whether the ban is upheld may depend on the makeup of the Court in the fall. Justice Kennedy — who is seen as a “swing vote” in the politically split Court — may be contemplating retirement.

An Immigration Lawyer Can Answer Your Trump Travel Ban Questions

If you have concerns about how the Trump travel ban impacts your or a loved one’s visa application, contact an immigration lawyer immediately. American immigration policies are changing quickly and dedicated immigration lawyers are on the front lines fighting for your rights. At Andres Mejer Law, we understand the fear and uncertainty you are facing and are here to help. Contact us for a free and confidential evaluation

Share This Post!

Related Posts

Call Us Today!

New Jersey Immigration Attorney

We're here 24/7.
Call Now!

Eatontown, NJ


286 RT 35
Unit D
Eatontown, NJ 07724


Lakewood, NJ


212 2nd Street
Suite 104
Lakewood, NJ 08701


Newark, NJ


50 Park Place
Suite #1101
Newark, NJ 07102


Edison, NJ


1929 NJ-27
Edison, NJ 08817


1065 US-22 Suite 2B
Bridgewater Township, NJ 08807


Freehold, NJ


36 W Main St, Suite 302,
Freehold, NJ 07728


Copyright 2022 Provencher and Flatt, LLP - All Rights Reserved. Powered by Advantage Attorney Marketing & Cloud Solutions

Free Deportation Risk Assessment

Where you ever caught at by immigration and returned to your country? (¿Dónde alguna vez te pilló inmigrando y regresaste a tu país?)*

Have you ever been arrested for any reason? (¿Alguna vez te han arrestado por alguna razón?)*

How many times have been arrested? (¿Cuántas veces han sido arrestados?)*

Were you arrested for any of the following reasons? (Check all that apply) (¿Te arrestaron por alguna de las siguientes razones?)

Have you ever filed for an immigration benefit and been denied? (¿Alguna vez ha presentado un beneficio de inmigración y se le ha negado?)*

Have you entered the US illegally more than once after 1997? (¿Ha entrado ilegalmente en los Estados Unidos más de una vez después de 1997?)*

Do you owe back child support? (¿Debes manutención infantil?)*

Arrested in New Jersey

Request Your Free Copy

Solicite su copia gratuita

Immigration Book

Request Your Free Copy

Solicite su copia gratuita

Immigration Attorney

Request Your Free Copy

Solicite su copia gratuita

Find Out Immediately If You Qualify for Legal Status


Your privacy is important to us. We will keep the information you provide strictly confidential. We only use your information to determine if you may be eligible for immigration benefits in the United States. The information we provide should not be construed as legal advice and submission of this form does not create an attorney/client relationship.

Ingrese la siguiente información para aceptar los términos y condiciones.

Enter the following information to accept the terms and conditions.

Start Here!

Información Personal / Personal Information


Idioma Preferido*

Preferred Language

Fecha Nacimiento*

Date of Birth

Pais de Nacimiento*

Country of Birth

Entradas a las EEUU / Entries into the US


Fecha Entrada*

Date of Entry

Entrada Legal*

Did you enter legally?



¿Tiene usted padres, conyuge o hijos mayores de 21 anos,Que ha estado o esta en las fuerzas armadas Americanas?*

Do you have a parent, spouse, or child over 21 who is or was in the US military?

¿Tiene usted padres,conyuge o hijos mayores de 21 anos, ciudadanos Americanos o residentes permanentes?*

Do you have a parent, spouse, or child over 21 who is a US citizen or lawful permanent resident?

¿Ha tenido usted, sus padres o sus abuelos un estado legal en los EEUU?*

Did you, your parents, or your grandparents ever have legal status in the U.S.?

¿Esta considerando matrimonio con us ciudadano Americano o residente permanente? ( mismo sexo incluido)*

Are you considering marriage to a US citizen or green card holder (same-sex marriage included)?



¿Alguien ha peticionado a su favor por motivos de inmigración?*

Has anyone ever filed an immigration petition for you before?

¿Ha sido usted deportado o esta usted en procedimiento de deportación ahora?*

Have you ever been deported or are you in deportation proceedings now?

Ha sido abusado por sus padres, conyuge o hijo mayor de edad?*

Has your parent, spouse, or adult child been abusive to you?

¿Si es asi, fue previo a Abril 30 del 2001?*

If so, was it before April 30, 2001?



¿Fue usted, conyuge, sus padres, pareja o sus hijos victimas de de un crimen violento en los EEUU?*

Were you, your parents, siblings, spouse, partner, or children a victim of a violent crime in the US?

¿Es usted menor de 21 años y soltero?*

Are you under 21 and not married?

¿Tiene usted un padre, conyuge o hijo menor de 15 anos con requerimientos especiales médicos (dificultades de estudio, alergias severas, asma u otra condición medica severa)?*

Do you have a parent, spouse, or child under 15 with medical or special needs (learning disability, severe allergies or asthma, or other serious medical condition)?

¿Fue usted maltratado, abusado o abandonado por sus padres?*

Did your parents mistreat, abuse, or abandon you?



¿Tenia usted 30 anos o menos en Junio, 15, 2012?*

Were you 30 years or under on June 15, 2012?

¿Tenía usted 15 años o menos en su primera entrada en los EEUU?*

Were you 15 years old or younger on your first entry into the US?

Click below now to see if you qualify!

¡Haga clic abajo ahora para ver si califica!

New Jersey Immigration Attorney

Get Instant Access

Enter your name and email address below to get instant access.

New Jersey Immigration Attorney

¡Obtenga acceso instantáneo ahora!

Ingrese su nombre y dirección de correo electrónico a continuación