Saturday, 18 November, 2017

Trump Takes Travel Order back to SCOTUS

Trump Asks US Supreme Court to Restore Refugee Travel Ban Trump Admin Asks Supreme Court to Block Ruling That Allows More Refugees
Saul Franklin | 12 September, 2017, 00:38

The Trump administration is returning to the Supreme Court in an effort to overturn lower court rulings crimping the application of President Donald Trump's travel ban executive order. The appellate ruling could take effect as soon as Tuesday and could apply to up to 24,000 refugees.

Although the 9th Circuit also prohibited the government from banning relatives of someone in the United States, the Justice Department focused exclusively on removing the Appeals Court's protection of refugees who received formal assurance from resettlement entities. "Foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States", the Supreme Court held, are not subject to the ban while the Court gives the case a full review on the merits.

Earlier, Trump had banned travellers from six Muslim-majority countries but after the Court's ruling, this ban was lifted and instead a ban was imposed on refugees and citizens of just six of the seven countries.

The Justice Department is appealing an injunction on President Trump's travel ban, even though a significant portion of the ban is set to expire by the October 10 court date.

"This Court's ruling can not plausibly bear that construction, which would as a practical matter render the partial stay this Court granted as to the refugee provisions a dead letter", the administration said.

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Under the terms of Trump's order, the 90-day travel ban would end before the arguments even happen - on September 27.

What isn't settled is a lower court order protecting refugees who do not have close family members in the United States.

Monday, the Justice Department requested a stay of the 9th Circuit's most recent interpretation of Trump's executive travel order.

Initially, the Trump administration tried to define who counts as a close family member very narrowly - excluding relatives such as grandparents, aunts, uncles, and cousins. The Trump administration had fought for a more narrow definition, but the Ninth Circuit upheld that ruling as well. Even those refugees with formal assurances from a resettlement agency lack the sort of connection that should exempt them from the ban, the Justice Department argued in its filing to the Supreme Court.

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