Tuesday, June 27, 2017
University of California updated guidance (post-Supreme Court cert grant and partial stay of injunction) on executive order restricting travel and entry into the United States
The Office of the President of the University of California has issued an "Updated guidance on executive order restricting travel and entry into the United States by individuals from Iran, Libya, Somalia, Sudan, Syria and Yemen (‘Designated Countries’)." The guidance responds to the Supreme Court's partial stay of the injunctions entered in the travel ban cases.
The guidance states that
- permitting the entry ban in the Executive Order to go into effect as to foreign nationals from Designated Countries “who lack any bona fide relationship with a person or entity in the United States;” and
- continuing to stay the Executive Order with respect to foreign nationals from Designated Countries who “have a credible claim of a bona fide relationship with a person or entity in the United States.”
- The Supreme Court noted that a close familial relationship is sufficient to establish that a foreign national from a Designated Country has a bona fide relationship with a person in the United States. To establish that a foreign national from a Designated Country has a bona fide relationship with an entity, the Court noted that the relationship must be “formal, documented, and formed in the ordinary course, rather than for the purpose of evading” the Executive Order.
The Supreme Court identified three circumstances relevant to members of the University of California community that would qualify as a bona fide relationship with an entity in the United States:
- A student from a Designated Country who has been admitted to a university;
- a worker who has accepted an offer of employment from an American company; and
- a lecturer invited to address an American audience.
The University cannot be certain how the federal government will interpret and implement the Supreme Court’s order. However, from the University’s perspective there is a strong argument that current students; current employees; people who have accepted admission or employment offers by the University but have not yet started; people who have been offered admission or employment by the University through ordinary University procedures; and even people who have applied to the University for admission or employment through ordinary University procedures all have a “bona fide relationship” with the University.