US Supreme Court Gives Green Signal to Trump's Travel Ban on Refugee

Jerome Frank
September 12, 2017

The Supreme Court has granted the Trump administration's request to temporarily lift restrictions on the President's travel ban, quashing an opportunity for tens of thousands of refugees to enter the country.

But the 9th Circuit last week ruled that refugees a USA resettlement agency has committed to providing services for once they have arrived in the country should be exempt from Trump's order.

The appellate ruling would allow refugees to enter the United States if a resettlement agency in the USA had agreed to take them in. A coalition of states and civil rights groups challenged the guidance, arguing the Supreme Court's order extends to this group of refugees, which numbers approximately 25,000.

The order puts the appeal court's ruling on hold until those challenging the ban can submit written arguments by Tuesday afternoon.

"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. Yet the Justice Department hasn't given any indication of awareness that the court might well dismiss the case without deciding whether the ban is legal.

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Although Trump initially coupled this refugee ban with his broader Muslim Ban, Kennedy's order still leaves several previous court decisions limiting the Muslim Ban in place. The same executive order included a 120-day ban on refugees.

The 90-day travel ban affects visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen.

Both provisions were blocked by lower courts but were partially revived by the Supreme Court in June.

Last week, the lower court narrowed the scope of the travel ban for extended family members such as grandparents and refugees.

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". A series of court decisions since then have said that order must include people with grandparents and cousins in this country. Nor can the exclusion of an assured refugee plausibly be thought to "burden' a resettlement agency in the relevant sense", Wall wrote in the request to the Supreme Court for a stay.

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Other reports by Guamnewswatch

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