Trump seems likely to win travel ban case at Supreme Court

Legal Compliance

President Donald Trump appears likely to win his travel ban case at the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy both signaled support for the travel policy in arguments Wednesday at the high court. The ban's challengers almost certainly need one of those two justices if the court is to strike down the ban on travelers from several mostly Muslim countries.

The travel ban case is the court's first comprehensive look at a Trump policy - one of considerable importance to the president and highly controversial since it was first rolled out a week after Trump took office.

Justice Sonia Sotomayor was the most aggressive questioner of Solicitor General Noel Francisco in his defense of the Trump policy, and the three other liberal justices also raised questions about it.

The justices voted in December to allow the policy to take full effect pending their full consideration. Wednesday was the first time they took it up in open court.

The Trump administration is asking the court to reverse lower court rulings that would strike down the ban.

The Supreme Court is considering whether the president can indefinitely keep people out of the country based on nationality. It is also looking at whether the policy is aimed at excluding Muslims from the United States. A decision is expected by late June.

Kennedy challenged lawyer Neal Katyal, representing the policy's opponents, about whether the ban would be unending. He said the policy's call for a report every six months "indicates there'll be a reassessment" from time to time.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.