Contest Travel Ban in Court

[RohitD]

It looks like there are a number of exceptions to travel bans for visa categories etc.

 

1. US citizens and permanent residents

2. Spouses of above even if on visa 

3. F1 and J1 students 

4. Parents of minors even if on visa 

All of these who have been in India could spread Covid as well. The ban appears discriminatory. 

Either ban all or make criteria like:

1. Allowing people who are vaccinated.

2. Covid negative tests before boarding etc.

My father passed away last year. My mother was scheduled to travel post her double vaccinations in mid May.

Questions:

Can this be contested ?

Can a parent's case be presented for waiver ?

Thank you 

 

 

 

 

 

 

 

 

 

 

 

[sgrcres]

In US any law can be appealed, but one needs standing.   US obligation is primarily only for US citizens and their immediate family, followed by LPRs and their immediate families.  Others can be restricted and is up to the President.   The only way to loosen the restrictions is through employers, who have powerful lobbies.  Employers will appeal if they are unable to use their H1b workers.   The same reason students have been allowed since otherwise Universities would raise hell.

Remember. last year Trump banned even parents of US citizens and spouses of green card holders for economic reasons.  Supreme court has affirmed that President have wide discretion in banning as long as it is temporary.  In fact some countries like Italy and Japan have even banned permanent residents of their countries if they are foreign citizens.  I suspect US can even ban PRs for a short period and get away with it.

Note that US has banned UK and Schengen countries and China as well since March 2020 and after 14 months it is still there, although UK Covid cases have decreased and now much lower than US (on a per capita basis) and China's cases also have dropped, but I suspect the ban on China is more political.

[JoeF]

Spend the money for a lawsuit if you have money to burn...