SCOTUS restores Trump travel ban of refugees, blocking lower court
SCOTUS restores Trump travel ban of refugees, blocking lower court
Supreme Court temporarily allows part of Trump Muslim travel ban
13 September, 2017, 02:43
In an order signed by Justice Anthony Kennedy, the U.S. Supreme Court on Monday placed a temporary hold on the 9 Circuit Court of Appeals ruling last week which had limited Trump's March 6 travel ban order barring refugees from entering the country.
On the other hand, the court said, relationships formed for the objective of evading the travel ban did not count. The Ninth Circuit held that the "written assurance [a refugee resettlement] agency submits [to the State Department]..." creates a "bona fide relationship" as described by the Supreme Court.
The Supreme Court's decision came a day after one of the justices temporarily stayed the lower court's ruling and just a month before the Supreme Court will hear oral arguments on the travel ban as a whole. A panel of the U.S. Court of Appeals for the 9th Circuit had interpreted a Supreme Court directive this summer to mean that they should be allowed in, but the government objected.
When the administration's narrow definition of family connections was challenged in court, a federal judge in Hawaii ruled in July that the definition of a bona fide connection had to include grandparents, grandchildren, aunts, uncles, cousins, nieces, nephews, and siblngs-in-law. Now, the full Supreme Court will have time to consider the merits of the Trump administration's emergency request.
The administration told the court Monday said that changing the way it enforces the policy on refugees would allow "admission of refugees who have no connection to the United States independent of the refugee-admission process itself".
Acting Solicitor General Jeffrey Wall argued against comparing refugees to other immigrants.
Hawaii had successfully argued to lower courts that the group of approximately 24,000 people - would-be refugees who have received assurances of support from resettlement agencies - were the type of people meant to be exempt from President Trump's travel and refugee ban under a June order from the Supreme Court. "It is therefore exceedingly unlikely that they represent a security threat".
"To minimize the disruptive effect of the district court's decision, the modified injunction should be stayed pending appeal and the Supreme Court's disposition of the pending clarification motion", reads the motion. The countries that weren't supplying adequate information were then to be given 50 days to begin doing so, and after that, top US officials were to give Trump a list of countries recommended for inclusion in a more permanent travel ban.
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