Published: Tue, September 12, 2017
Global | By Maureen Mccoy

Trump Takes Travel Order back to SCOTUS

Trump Takes Travel Order back to SCOTUS

USA officials can at least temporarily continue to block refugees with formal assurances from resettlement agencies from entering the United States after the Supreme Court intervened again Monday to save a piece of President Donald Trump's travel ban. The appellate ruling could take effect as soon as Tuesday and could apply to up to 24,000 refugees.

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

The Supreme Court temporarily reinstated a partial version of Mr Trump's beleaguered ban in June, pending a final decision in October.

The Supreme Court already has weighed in twice on lower court rulings striking down or limiting the travel and refugee bans, though it has to rule on their validity. The Supreme Court in July largely upheld that ruling, though it put on hold the portion dealing with refugees.

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The Trump administration asked the U.S. Supreme Court on Monday to restore its temporary ban on thousands of refugees seeking entry to the country. 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.

The appellate ruling would allow refugees to enter the United States if a resettlement agency in the US had agreed to take them in.

Trump's March 6 executive order said the temporary travel ban and refugee ban would give officials time to assess US vetting procedures and would address the risk that terrorists could slip into the country.

In a one-sentence order issued Monday afternoon, Justice Anthony Kennedy - who has jurisdiction over the 9th circuit - granted the government a temporary stay until Tuesday in order to give the challengers time to respond to the government's petition. The same order included the 120-day ban on refugees. The court also said that the government could not block the immigration of grandparents, aunts, uncles, and other extended family members. 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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