Supreme Court Allows Trump’s Full Travel Ban to Take Effect

HR should account for foreign workers, business travelers

Roy Maurer By Roy Maurer December 5, 2017
Supreme Court Allows Trump’s Full Travel Ban to Take Effect

The U.S. Supreme Court decided Dec. 4 to allow the Trump administration's latest travel ban to go into full effect—temporarily—while legal challenges against it are pending. This is the first time that any version of the ban has gone forward in its entirety.

Employers must now figure out who in their workforce might be affected by the ban's travel restrictions for foreign employees. "Employers are now on notice that they need to track their employee list to determine if any part of the workforce has individuals from the affected nationalities," said Jorge Lopez, chair of the global mobility and immigration practice group at international law firm Littler Mendelson. "Employers should cautiously obtain the information that manages the identifiers needed to track the immigration-dependent employees. The rationale is that the manner that this information is compiled must avoid adding fuel to the fire by introducing concerns such as national origin and citizenship status discrimination."

It's also important to know that the ban allows people from several of the restricted nations to continue to enter the United States if they already have a valid visa or permanent residency in the U.S., but with additional screening, said Jeff Papa, a partner in the Indianapolis office of Barnes & Thornburg.

“Many of our customers have at least one employee impacted,” said Dick Burke, CEO of Envoy, an immigration services provider based in Chicago. “These employees are innovators and job creators, engineers and data scientists—but most importantly teammates and co-workers. Our affiliated law firm is advising that if you have employees impacted, then please tell them not to travel outside the U.S., for the indefinite future or until further guidance is given by authorities.”

Ban Sets Visa Restrictions for Eight Nations

Initially issued in September, the latest edition of the ban places varying levels of restrictions on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen. The visa restrictions vary in their details for each country, but in most cases, citizens of those countries will not be able to work and study in or travel to the United States.

(The New York Times)

Challenges Against the Ban Continue

The ban faces challenges in the 4th and 9th U.S. Circuit Courts of Appeals. Oral arguments are expected in both circuits this week.


Justices Differ from June Decision

The Supreme Court took a different course from its June 26 holding that exempted people from the ban with "bona fide" ties to the U.S., including workers who had accepted job offers and students who had been accepted to U.S. universities. The Supreme Court's orders effectively overturned a compromise in place since June, when the court said travelers with connections to the United States could continue to travel here notwithstanding restrictions in an earlier version of the ban.

(SHRM Online)

Travel Ban Could Lead to Increased Outsourcing

Some recruiters are saying that companies are outsourcing more work abroad and depending more on IT firms based overseas based on the uncertainty caused by the travel ban. Technology firms say that they would have a harder time recruiting IT workers from overseas, even from countries that were not part of the ban, as they may not feel welcome in the U.S.

(SHRM Online)

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