Trump Takes Travel Order back to SCOTUS

Trevor Jackson
September 12, 2017

Kennedy granted a request from Trump administration lawyers Monday and temporarily blocked a 9th Circuit Court order that would have allowed more refugees to enter this country from six majority-Muslim nations. The Hill, BuzzFeed News and Politico have stories on the Justice Department's request.

A 9th Circuit order, due to take effect on Tuesday, would have cleared the way for as many as 24,000 refugees who have "a sponsorship-assurance agreement" with a US -based refugee-resettlement agency, the government said.

The Justice Department wants to continue that stay, but it is not seeking a stay of a separate portion of the 9th Circuit decision interpreting what constitutes a bona fide relationship. The district court also found that "grandparents, grandchildren, brothers-in-law, sisters-in- law, aunts, uncles, nieces, nephews, and cousins of persons in the United States" count as "close familial relationships" exempted from the travel ban.

As a matter of law, the Supreme Court can't rule on a case that no longer presents an ongoing issue.

The government had asked for a "temporary administrative stay" to give the justices time to consider the issue.

The court, however, left the door open for opponents of the ban to file their arguments against it by midday Tuesday, paving the way for yet another reversal on the status of possible refugee arrivals.

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That put the broader legal challenges to the travel ban - which halts all refugees and travelers from six mostly Muslim countries - off until an expected Supreme Court review on October 10.

"The government began implementing the Order subject to the limitations articulated by this Court more than two months ago, on June 29, which entailed extensive, worldwide coordination among multiple agencies and the issuance of guidance to provide clarity and minimize confusion", Wall wrote.

The order is temporary, and will likely last until the full Court weighs the refugee ban.

The top justices of the country will sit for a hearing to discuss if the ban was legal or not.

After courts blocked the ban, Mr. Trump clarified that these clocks would begin ticking as soon as the policy was allowed to go into effect.

Other reports by TheDailyFarc

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