Both the 4th and 9th Circuit Courts of the United States upheld the hold placed on the travel ban earlier this year, but for different reasons. The Fourth Circuit Court ruled that the reworked ban violated the First Amendment – the amendment that prohibits the establishment of religion. The Ninth Court ruled that President Trump overstepped his authority because he made a decision about national security without adequate justification. The ban now heads to the Supreme Court where justices may decide to hear the case or may decide to delay it until the next session in several months.
If you are someone who is considering a move to the United States as a business investor – then it’s great news that yet another court upheld the ban. It shows that the incredibly restrictive nature of the new administration’s immigration policies will meet legal challenges on every front.
If you are looking to sell your business in the near future a continuation of the hold is good news for you too.
First of all, if your business is sensitive to the ebb and flow of the tourism industry, the legal pushback in the news tells the rest of the world that the U.S. isn’t such an intolerant place after all. Foreign tourism dropped off after the initial travel ban was announced, and this newest development might help to turn that trend around.
On the second front this hold might keep the administration’s attention away from such immigration programs as the EB-5 and the E2 – which many fear could be changed and restrict the amount of foreign-born entrepreneurs coming to the US. The backlash and legal maneuvering might also slow the administration’s push to limit immigration on other fronts that might effect the small business community for fear of further legal fights.
Resistance to the new immigration policies shows that the United States is not as intolerant of immigrants as the initial moves by the administration may have portrayed us. Continual resistance shows that no matter what the political climate we are unlikely to completely change our national identity as a country of immigrants based on one administration’s plans.
As to what the future holds – no one can be sure how the Supreme Court will handle the decisions of the lower courts. The fact that the lower courts upheld the bans for different reasons may make it more complex for the Supreme Court to hear and/or decide. For now, the best bet is to wait and see.
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