Trump's 'travel ban' gets reinstated as SCOTUS agrees to hear case

01 July, 2017, 00:24 | Author: Felix Jensen
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Trump has legitimate cause to look closely at how the USA screens travelers and refugees to determine whether the system keeps the country safe or has deficiencies.

The administration's implementation plans, largely orchestrated by White House adviser Stephen Miller, focus on refusing entry to people who are unable to show a substantial and pre-existing tie to a person or institution in the United States. In other words, this decision is not a ruling on whether or not EO-2 actually violates the Establishment Clause or is otherwise illegal, but rather addresses the question of how to balance the parties' competing interests while that question is decided.

Some opponents of the travel ban said they anxious about the fate of people who might be barred from entry into the United States in the meantime. If the president had gotten the details right the first time, the USA could have been admitting foreigners under newly tightened rules. "Who is going to tell us what is the definition of "bona fide relationship"?"

A No. The justices agreed with the appeals courts that certain people should be allowed to come to the USA, as long as they have what the court called "a credible claim of a bona fide relationship with a person or entity in the United States". On May 25, the Fourth Circuit issued an opinion that essentially affirmed the lower court's preliminary injunction. For individuals, a close family relationship is required.

The legality of Trump's desired travel ban remains to be seen.

"After battling through lower courts, a watered down version of the travel ban was re-instated Monday, following the Supreme Court's decision to hear appeals on the ban this October".

"Nine justices delivered a reminder yesterday of why the Supreme Court was such an important campaign issue".

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"Once defined, the definition will need to be communicated to those United States government personnel involved in the process of vetting those applying to travel to the USA from those countries in which the ban applies", Cohen said.

The March 6 order called for a 90-day ban on travelers from Libya, Iran, Somalia, Sudan, Syria and Yemen and a 120-day ban on all refugees to enable the government to implement stronger vetting procedures.

Three of the court's conservative justices said they would have granted Mr Trump's request in full, including his appointee Neil Gorsuch. The 90-day ban on entry by citizens of seven Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) applied to current visa holders, including people working and studying in the United States, and legal permanent residents, who were barred from returning home after traveling overseas.

The court did leave one category of foreigners protected, namely those "with a credible claim of a bona fide relationship with a person or entity in the United States".

They added that the court has made an "implicit conclusion" that the administration will prevail.

But local Trump supporter Michael Der Manouel Jr. said the President is not banning people based on religion. That makes sense, because the reasons that two federal appeals court offered for upholding injunctions against Trump's order are unpersuasive. And by then Trump might conceivably have developed a factual basis for a policy that continues to bar people from certain countries, which would trigger a whole new round of litigation. He has criticized federal judges who have blocked the move. The remaining restrictions on entry into the United States and the enhanced screening mechanisms that have already gone into effect threaten the academic community's ability to sustain critical engagement with colleagues from the affected countries.

After being blocked by the courts, the Trump administration revised the order in March that included the same countries except Iraq and did not apply to visa and green card holders.

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