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Travel Ban Update: Breaking News! SCOTUS Allows Travel Ban 3.0 to Take Effect

December 4, 2017

Breaking News: SCOTUS Allows Travel Ban 3.0 to Take Effect

News: Today, the Supreme Court rolled back the preliminary injunction forestalling the implementation of Travel Ban 3.0. The order, which was unsigned, appears to have been backed by 7 of the 9 justices, all except Justices Ginsburg and Sotomayor.

Context: The preliminary injunction was issued to forestall the implementation of the Travel Ban while its constitutionality was reviewed by the courts.

ImpactTravel Ban 3.0 is now in full effect.

What’s Next: Litigation on the underlying constitutionality of the order is expected to continue in several circuit courts, including the 4th and 9th. Once the circuit courts issue decisions on the merits, a new appeal to the Supreme Court appears inevitable.

Possible Government Shutdown on the Horizon

With government funding set to expire on this Friday, December 8, congressional leaders are scheduled to meet with Trump on Thursday to avoid a government shutdown.

Party Positions: The two parties are at odds over several issues, including immigration. Democrats have publicly tied their support for a new government spending package to getting Republican support for DACA. Republicans have announced their intention to pursue a two-week continuing resolution to keep the government funded through December 22nd while budget negotiations continue.

What’s next?: This week we are anticipating:

  • News from the meeting between the President and Congressional leaders on Thursday
  • A Republican-backed continuing resolution to fund the government through December 22
    If the parties cannot reach an agreement, a government shutdown will begin at approximately noon on Friday.

Potential Immigration Impact of a Shutdown: The last government shutdown in the fall of 2013 resulted in delays throughout the immigration system. In the event that a shutdown takes place, there are several areas of the immigration process that will be impacted, the most significant of which will be Department of Labor applications. A government shutdown may result in:

  • A pause in processing of Labor Condition Applications (LCAs), Prevailing Wage Determinations (PWDs), and Labor Certification Applications (PERM);
  • Cancellation of visa appointments at US consulates; and
  • E-Verify being unavailable.
  • USCIS, as a fee funded agency, is expected to remain open during a shutdown, but applicants should still be prepared for delays as USCIS relies on the cooperation of other federal agencies for many of its services.

Future Updates: EIG is monitoring this situation closely, and will notify you of any developments. EIG will also notify you if the delays resulting from a government shutdown adversely impact a foreign national’s immigration status and work authorization in the U.S.