Possible Effects of the Travel Ban on Nephrology

US Visa
By David White

May is shaping up to be a critical month for the fate of President Donald Trump’s second executive order on immigration that temporarily bans travel from six Muslim-majority countries.  

American Society of Nephrology (ASN) is concerned about the impact of the travel bans on the free flow of science and ideas across borders. In a statement in January 2017, ASN President Eleanor D. Lederer, MD, FASN, was quoted as saying “Kidney diseases do not differentiate among race, religion, or geographic borders. As such, the American Society of Nephrology (ASN) is deeply concerned that President Trump’s recent Executive Order on Immigration will disrupt the society’s mission and have a damaging long-term effect on the fight to prevent, treat, and cure kidney diseases across the globe.”

ASN worries that an implementation of the travel ban could act as a deterrent towards international students applying for fellowships within the US as they fear difficulties with visas or simply do not want to deal with the complicated atmosphere. In fact, the number of international medical school graduates (IMGs) matched to fellowship programs has already dropped from 236 students in 2011 to 185 in 2017. ASN hopes that the travel ban and perception it has created do not cause those numbers to decrease further.

In the US during academic year 2016:

•    over 65 percent of the 863 nephrology fellows-in-training were IMGs
•    over 50 percent of internal medicine residency positions were filled by IMGs
•    approximately 25 percent of the nation’s physicians were IMGs
•    3,769 non-U.S. citizen IMGs obtained first year residency positions. 

Read more here, via our ASN Data Science Officer, Kurtis Pivert.

Continued Legal Contests

Previously, federal courts in Hawaii and Maryland had blocked the second order from being enforced. While those injunctions are being appealed in the 9th and 4th federal appeals circuits, it appears arguments will not be heard by both courts until next month.

On Tuesday, April 4th, the 9th Circuit Court of Appeals said that an appeal of an order by a federal judge in Hawaii blocking aspects of Trump's directive will go before a three-judge panel of the appeals court sometime in May.  The court indicated that the federal government's request to stay the injunction on a temporary basis will be considered in tandem with the merits of the appeal.

There was widespread speculation that the Justice Department had been stalling the appeal in order to get the case in front of a new motions panel which took over at the court on April 1st. Federal appeals courts have 15 judges who regularly form three-member motions panels to hear arguments. The previous motions panel of the 9th circuit heard an appeal of an injunction of the first executive order from a federal judge in Seattle in February.   

In February, the 9th circuit ruled against the administration writing “[w]e hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”  

When the names on the new panel at the court became public last weekend, that panel — consisting of three Democratic appointees — still looked less-than-promising for the Trump administration.

On the east coast, the 4th Circuit Court of Appeals is still deciding how to handle an appeal of a Maryland-based judge's narrower ruling blocking a single part of the revised Trump order: a ban on issuance of visas to citizens of the six countries. Earlier, the 4th circuit announced that a three-judge panel would hear arguments May 8th. However, the appeals court is also considering skipping that step and sending the case directly to the full 15-judge bench. 

The Trump administration needs both the Maryland and Hawaii orders cleared away in order to fully implement the revised executive order. 

A decision in May could mean a fast track to the Supreme Court. More to come as the cases continue.

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David White
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May is shaping up to be a critical month for the fate of President Donald Trump’s second executive order on immigration that temporarily bans travel from six Muslim-majority countries.  

American Society of Nephrology (ASN) is concerned about the impact of the travel bans on the free flow of science and ideas across borders. In a statement in January 2017, ASN President Eleanor D. Lederer, MD, FASN, was quoted as saying “Kidney diseases do not differentiate among race, religion, or geographic borders. As such, the American Society of Nephrology (ASN) is deeply concerned that President Trump’s recent Executive Order on Immigration will disrupt the society’s mission and have a damaging long-term effect on the fight to prevent, treat, and cure kidney diseases across the globe.”

ASN worries that an implementation of the travel ban could act as a deterrent towards international students applying for fellowships within the US as they fear difficulties with visas or simply do not want to deal with the complicated atmosphere. In fact, the number of international medical school graduates (IMGs) matched to fellowship programs has already dropped from 236 students in 2011 to 185 in 2017. ASN hopes that the travel ban and perception it has created do not cause those numbers to decrease further.

In the US during academic year 2016:

•    over 65 percent of the 863 nephrology fellows-in-training were IMGs
•    over 50 percent of internal medicine residency positions were filled by IMGs
•    approximately 25 percent of the nation’s physicians were IMGs
•    3,769 non-U.S. citizen IMGs obtained first year residency positions. 

Read more here, via our ASN Data Science Officer, Kurtis Pivert.

Continued Legal Contests

Previously, federal courts in Hawaii and Maryland had blocked the second order from being enforced. While those injunctions are being appealed in the 9th and 4th federal appeals circuits, it appears arguments will not be heard by both courts until next month.

On Tuesday, April 4th, the 9th Circuit Court of Appeals said that an appeal of an order by a federal judge in Hawaii blocking aspects of Trump's directive will go before a three-judge panel of the appeals court sometime in May.  The court indicated that the federal government's request to stay the injunction on a temporary basis will be considered in tandem with the merits of the appeal.

There was widespread speculation that the Justice Department had been stalling the appeal in order to get the case in front of a new motions panel which took over at the court on April 1st. Federal appeals courts have 15 judges who regularly form three-member motions panels to hear arguments. The previous motions panel of the 9th circuit heard an appeal of an injunction of the first executive order from a federal judge in Seattle in February.   

In February, the 9th circuit ruled against the administration writing “[w]e hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”  

When the names on the new panel at the court became public last weekend, that panel — consisting of three Democratic appointees — still looked less-than-promising for the Trump administration.

On the east coast, the 4th Circuit Court of Appeals is still deciding how to handle an appeal of a Maryland-based judge's narrower ruling blocking a single part of the revised Trump order: a ban on issuance of visas to citizens of the six countries. Earlier, the 4th circuit announced that a three-judge panel would hear arguments May 8th. However, the appeals court is also considering skipping that step and sending the case directly to the full 15-judge bench. 

The Trump administration needs both the Maryland and Hawaii orders cleared away in order to fully implement the revised executive order. 

A decision in May could mean a fast track to the Supreme Court. More to come as the cases continue.