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Expert: SC Travel Ban Ruling Likely to Trigger Confusion, More Litigation (Law360)

June 27, 2017 (1 min read)

Allissa Wickham, Law360, June 26, 2017 - "With the U.S. Supreme Court allowing President Donald Trump’s travel ban to be enforced against people who don’t have a clear link to the U.S., the question now becomes what exactly will qualify as a "bona fide relationship,” with experts predicting potential confusion, visa delays and additional litigation ahead. ... On top of agreeing to hear the dispute this fall, the court narrowed the block against the ban, ruling that it can’t be enforced against people who have “a credible claim of a bona fide relationship” with an individual or entity in the U.S., but that everyone else was subject to the executive order. ... And while the high court gave examples of qualifying relationships, attorneys noted that there may still be gray zones, and that plenty of discretion will likely be given to consular officers. “The court gave several examples of what does constitute such a relationship, but everyone's facts are slightly different, and much will be left to the discretion of consular officers and immigration officials at the ports of entry,” said Stephen Yale-Loehr, a professor at Cornell Law School. “So I see a lot of confusion and efforts to figure out what documentation will be required to show a bona fide relationship.”

- Prof. Stephen W. Yale-Loehr