Donald Trump's Travel Ban Gets Another Court Victory

Lawrence Kim
September 13, 2017

Shortly after the Supreme Court's stay decision, the administration issued guidance interpreting "close familial relationship" to include only parents, children, siblings, spouses, and fiancées and refusing to allow entry to refugees with formal assurances from a refugee resettlement agency.

The Supreme Court agreed with the Trump administration Tuesday and put on hold a lower-court decision that would have allowed more refugees to enter the country.

The U.S. Supreme Court allowed President Trump to broadly implement a ban on refugees around the world from entering the country.


Whether resettlement agencies qualified as an entity through which refugees could gain entry to the US became a major point of contention.

Lower courts have ruled the bans as a violation of the Constitution and federal law, which has seen the high court agree to look into the rulings. A partial, temporary ban has been in effect since that decision, which only allows entry by those with a "bona fide" relationship to a family member in the US or a USA entity.

Last week, a panel of the 9th Circuit weighed in, deciding that the administration could block neither grandparents nor refugees with assurances. It was that appeal that first Kennedy, and now the whole Supreme Court, took up.

In addition to a ban on travel from seven majority-Muslim countries, Trump dropped the cap on refugees to 50,000 days after taking office.

The administration also said relationships between refugees and resettlement agencies were too attenuated to qualify for an exception to the ban because the arrangements had been made by an intermediary, the government.

The state of Hawaii and others involved in challenging President Trump's executive order had tried to persuade the Justices, as they did the Ninth Circuit Court, that a promise of resettlement qualified as a sufficient tie to America. The court will hear arguments next month on the broader constitutional challenge to the travel ban from states and immigrant rights groups. Arguments are scheduled for October 10.

Sometimes, justices refer these matters to their colleagues before deciding whether a stay should be granted; here, Justice Kennedy did not.

Last week, he moved to end Deferred Action for Childhood Arrivals, or DACA, the Obama-era program that grants protection from deportation to undocumented people brought to the United States as children.

The temporary visa ban is set to expire in late September, while the refugee ban will lapse in late October.

Other reports by Click Lancashire

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