On May 2, 2017, the Fourth Circuit Court of Appeals upheld the Maryland District Court’s injunction against the second Trump travel ban executive order.
On June 1, 2017, although its appeal to the Ninth Circuit on a separate injunction was pending, the Trump administration took the unusual step of filing a petition for review to the U.S. Supreme Court. Challenges to the request for review are due on June 12, 2017.
On June 12, 2017, Ninth Circuit Court of Appeals also upheld most of the Hawaii District Court’s injunction against the second Trump travel ban executive order. This means that for practical purposes, until a Supreme Court decision, the travel ban is not in effect.
However, the “heightened vetting” outlined in DOS guidance issued on March 15, 2017, and approved via OMB emergency procedures on May 4, 2017 under the new DOS Form DS-5535, is in effect. Form DS-5535 asks a number of additional questions from certain travelers, such as all domestic and international travel in the last 15 years and social media identifiers used in the last 5 years. Reportedly, this form started being used at certain U.S. consulates/embassies as of May 25, 2017.
