Settlement Reached in Travel Ban Case Now Allows Individuals Denied Entry to Reapply for Visas

After months of litigation, a settlement agreement was reached yesterday in the case of Darweesh et al. vs. Trump, one of the key cases in the ongoing litigation over the travel ban. The case stemmed from President Trump’s first executive order issued on January 27, 2017, where the plaintiff, Hameed Khalid Darweesh, an Iraqi national, and others were detained and threatened with deportation, despite of the fact that they were in possession of valid visas. During the first 24 hours after the announcement of the ‘travel ban’, over a thousand individuals were detained at various U.S. airports and approximately 140 travelers were sent back to their country of origin.

As confirmed by the ACLU, under the terms of this settlement, the government will ensure that “all travelers who were barred from the country on the basis of the ban and have not since returned to the United States” are notified of their right to reapply for a visa and provided with a list of free legal services organizations that can assist them in doing so.

Other related cases challenging the travel ban remain ongoing. The Supreme Court is still expected to hear arguments on the underlying constitutionality of the Travel Ban in October.

EIG attorneys will continue to follow the unraveling of the travel ban cases and provide updates as they are made available. For all visa inquiries please contact usvisa@eiglaw.com.

What We are Watching:
EIG attorneys are closely watching developments regarding Deferred Action for Childhood Arrivals (DACA). As reported by Reuters and the New York Times on Thursday, “Trump’s decision [on DACA] could be announced as early as Friday but could also come next week.”