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Trump Administration poised to enact travel ban 2.0

It's safe to say that the normally static area of immigration law has been completely upended over the last month thanks to the signing of an executive order by President Trump, which, to recap, prohibited all citizens of Iran, Iraq, Libya, Somalia, Sudan, and Yemen from entering the U.S. for 90 days, all refugees for 120 days and all Syrians indefinitely.

Indeed, chaos reigned supreme in the immediate aftermath of the order taking effect, as countless individuals hailing from these seven nations were either detained at U.S. airports or prevented from boarding U.S.-bound flights -- despite the possession of a green card or valid visa.

In recent developments, however, the executive order instituting this controversial travel ban was effectively blocked by multiple federal courts -- a federal judge in Seattle, the 9th U.S. Circuit Court of Appeals, etc. --- all of which held that it violated the constitutional rights of immigrants with legal status.

While many might have thought this was the end of the matter for the time being, reports are now indicating that the Trump Administration is planning the imminent release of a revised executive order, which the president indicated would be "very much tailored" to the recent rulings and, as before, would grant federal agencies time to develop "extreme vetting procedures."

As for the revised order, reports indicate that it calls for the following:

  • Individuals hailing from one of the aforementioned seven nations would be barred from entering the U.S. if they are lacking a visa and have never before entered its borders.
  • Individuals hailing from one of the seven nations with green cards or visas would face no entrance restrictions.
  • The indefinite ban on Syrians would be lifted.

Legal experts have already indicated that the new order will be on much firmer ground if challenged given the relative difficulty of bringing due process claims for individuals situated outside the U.S.

Still others, however, have indicated that they believe the revised order will fail to pass constitutional muster and already expressed their intent to challenge it in court.

"We do not think that religious discrimination will automatically be removed simply by tweaking the wording of the executive order," said one ACLU attorney. "We're certainly pleased if certain groups are exempted, like legal permanent residents and existing visa holders. But that will not cure all the legal defects."

Stay tuned for updates ...

If you or a loved one has questions or concerns relating to these recent developments, please consider speaking with a skilled legal professional to learn more about your options as soon as possible.

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