ALERT: U.S. Travel Ban: Limited Version of the U.S. Travel Ban to be Implemented (June 26, 2017)

June 26, 2017

The Supreme Court will allow a “limited version” of the U.S. travel ban to go into effect. Travelers from six Muslim-majority countries and all refugees who lack any “bona fide relationship with any person or entity in the United States” will be subject to the rules outlined in the March 6 executive order.

The Supreme Court will hear full arguments on the U.S. travel ban this fall.

The Washington Post is reporting:

The Supreme Court agreed Monday to allow a limited version of President Trump’s ban on travelers from six mostly Muslim countries to take effect and will consider in the fall the president’s broad powers in immigration matters in a case that raises fundamental issues of national security and religious discrimination.

The court made an important exception: It said the ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”

In the unsigned opinion, the court said that a foreign national who wants to visit or live with a family member would have such a relationship, and so would students from the designated countries Libya, Iran, Somalia, Sudan, Syria and Yemen who were admitted to a U.S. university.

The court said it would hear the case when it reconvenes in October. But it also indicated in the ruling that things may change dramatically by then. It asked the parties to address whether the case would be moot by the time it hears it; the ban is supposed to be a temporary one while the government reviews its vetting procedures.

And the justices said they “fully expect” the government to be able to conduct its review within the 90-day span the executive order proposes.

That affects the ban on travel from the six countries and a 120-day ban on all refugees entering the United States, with the exceptions noted by the court.

Trump said last week the ban would go into effect 72 hours after receiving an approval from the courts.

According to Fox News:

The Supreme Court on Monday lifted key components of an injunction against President Trump’s proposed ban on travel from six majority-Muslim nations, reinstating much of the policy and promising to hear full arguments as early as this fall.

The court’s decision means the justices will now wade into the biggest legal controversy of the Trump administration — the president’s order temporarily restricting travel, which even Trump has termed a “travel ban.” The court made clear that a limited version of the policy can be enforced for now.

“An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country as a refugee can legitimately claim concrete hardship if that person is excluded,” the court wrote. “As to these individuals and entities, we do not disturb the injunction. But when it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.”

The justices decided to review the broader constitutional issues over executive authority on immigration with oral arguments to be held in the fall.

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