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What is the status of the proposed travel ban?

There are several grounds on which immigrants may seek an adjustment of status, or lawful permanent residency in the United States. Eligibility can be based on factors such as family, employment, or asylum or refugee status. However, the current administration has sought to modify immigration policies regarding Muslim refugees.

As readers may recall, President Trump issued a second executive order banning travelers from six Muslim-majority nations from entering the United States for 90 days, and all refugees for 120 days. The order identified the countries of Iran, Libya, Somalia, Sudan, Syria, and Yemen.

The U.S. Fourth Circuit Court of Appeals recently upheld a lower court’s injunction against core portions of President Trumps’ travel ban. The Fourth Circuit acknowledged that Congress has granted the President broad powers regarding immigration. However, the judicial branch has the power to check the President’s delegated authority if it would result in irreparable harm to individuals across the nation. For example, an unconstitutional exercise of that authority would require judicial intervention.

The Trump Administration supported the executive order on national security grounds. The revised language of the second executive order also avoided religious references. However, the Fourth Circuit determined otherwise.

Specifically, the Fourth Circuit concluded that the primary purpose of the order was religious -- to disfavor Muslim nationals -- and hence, unconstitutional. In support, the opinion further observed that President Trump had made many anti-Muslim sentiments during his campaign, including his pledge to ban Muslims from the country.

If you are preparing for an immigration adjustment of status, there are certain questions you should prepare for. Our law firm focuses on this area of law and can help prepare you for what to expect at an adjustment of status interview.

Source: CNN Politics, “Appeals court upholds block on Trump's travel ban; administration to appeal to Supreme Court,” Ariane de Vogue and Laura Jarrett, May 25, 2017

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