This Morning’s Court Decision on the ‘Muslim Ban’

Dear community members and friends.

This morning, on the second day of Eid al-Fitr, we woke to news that the Supreme Court had made a decision on the pending 'Muslim Ban' cases. We understand there are lots of questions about what this means and how it impacts us. To those ends we have spent a large part of the morning reading the decision, speaking with colleagues and partners, and putting together some explanatory materials. Below you will find, CAIR National's statement on the decision as well as an advisory jointly prepared by CAIR-LA.

As always, please feel free to contact us if you have any questions.

Sincerely,
CAIR-LA Team
 

Statement from CAIR National
 

What this Decision on the 'Muslim Ban' Means
 

• Full Case: The full case will be decided in the fall of 2017, but they have partially lifted the pause button on the Ban that lower courts put in place.
   
• 90 day travel restriction: A 90 day travel restriction on certain visa holders from Iran, Libya, Somalia, Sudan, Syria, and Yemen who do not have a "bona fide relationship with a person or entity" in the U.S. will start on Thursday, June 29th. Bona fide relationships are explained below.
   
• Refugee program: Starting Thursday, June 29th, refugees who do not have a "bona fide relationship with a person or entity" in the U.S. will be affected by the Ban.

• The six countries affected by the Ban are Iran, Libya, Somalia, Sudan, Syria, and Yemen.
   
• Visa holders from these countries must show a bona fide relationship with a particular person or entity in the U.S., or else they can be stopped from entering the U.S. for 90 days.
   
• U.S. citizens and Green card holders (also known as Lawful Permanent Residents) are not affected.
   
• Dual nationals who enter the U.S. using a passport from a non-affected country will not be targeted.
  • For example, if a dual citizen of Iran and the U.K. travels to the U.S. on a U.K. passport, they will not be affected by the Ban.
• There may be a waiver process which will provide for an exception to the Ban but there is no information available about it at this time.

• Starting June 29th, 2017, there will be a 120-day halt of the entire refugee program; refugees will not be able to come into the U.S. during that time unless they have "bona fide relationship with a particular person or entity" in the U.S.
  • A bona fide relationship with a person requires a "close familial relationship" to someone in the U.S.
  • U.S. entities can include schools, universities, nonprofit organizations, and employers. Others may also qualify.

• If the traveler does not have a bona fide relationship, then the Ban applies to them.
   
• If the traveler has a "bona fide relationship," then the Ban does not apply to them and they should be allowed inside the country.
   
• A "bona fide relationship with a particular person or entity" in the U.S. includes:
  • People who are coming to the U.S. to "live with or visit a family member."
  • People who have a "formal" and "documented" relationship with an entity, like a school or employer.
    • For example, a "worker who accepted an offer of employment from an American company;" a "lecturer invited to address an American audience;" and students who have been admitted to a U.S. university have a bona fide relationship.

• If the refugee does not have a bona fide relationship, then the Ban applies to them and the person could be kept out of the U.S. if they meet the requirements of the Muslim Ban 2.0.
   
• If the refugee has a "bona fide relationship," then the Ban does not apply to them and they should be allowed inside the country;
   
• What is a bona fide relationship with a particular person in the U.S.?
  • Refugees with a "close familial relationship" to someone in the U.S. cannot be stopped from coming into the U.S.  (even if the refugee cap listed in section 6(b) is already surpassed).  
     
  • If a refugee does not have a close family relationship with someone in the U.S., then Muslim Ban 2.0 could block them from coming to the U.S.

• You or someone you know is affected by the Muslim Ban and you want legal help (we highly recommend you speak with an attorney if you are traveling and are a visa holder from the six countries); or
   
• Your community would like to request a "Know Your Rights" presentation.