Full Supreme Court Temporarily Preserves Trump Travel Ban

Supreme Court blocks lower court’s ruling that lifted Trump travel ban

Supreme Court Justice Anthony Kennedy has issued a temporary order allowing the Trump administration to maintain its restrictive policy on refugees for the time being.

As noted in our September 8 Client Alert, the 9th Circuit Court of Appeals had let stand the Hawaii District Court's temporary injunction, which expanded the relationships of those citizens of the six affected countries deemed eligible to apply for entry to the U.S.to include refugees being assisted by USA -based resettlement agencies, as well as those having certain family members in the U.S.

The justices granted a request from the Trump administration to block a federal appeals court decision that allowed entry to refugees who had a contractual commitment from a resettlement organization.

For now, the only definite meaning of Tuesday evening's order is that the 24,000 foreign nationals seeking to enter the U.S.to live, with refugee status, will be kept out for now and will remain in a state of legal uncertainty until the Justices take further action.

On Tuesday, the Supreme Court sided with the administration in continuing to ban nearly all refugees from entering before the court takes up the full Muslim travel ban in October.

The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the US. That was less than half the 110,000 refugees former President Barack Obama said should be admitted in 2016. Since the law was enacted, the annual quota for worldwide refugee resettlement int the USA has averaged 94,000, according to State Department figures.

The administration had reportedly decided not to challenge another part of the appeals court ruling that granted exemptions to grandparents, aunts, uncles and cousins of legal US residents from the travel ban. Both moves were overturned in federal courts until the Supreme Court agreed in June to review the ban this October.

Full arguments surrounding the ban, consolidating several lower cases, will be heard by the Supreme Court on October 10.

Officials said some of those 300 came to "infiltrate" the USA, while others were radicalized once they were in the country.

Administration lawyers argued these people did not qualify for an exemption because they had "no contact" or previous relationship with anyone in this country, which was the criteria set under a previous Supreme Court decision. 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. Acting alone, he blocked implementation of the Ninth Circuit's ruling pending receipt of a response from the travel ban's challengers, due on September 12th at noon.

The justices did not explain their reasoning, although it took five justices to make the decision.

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