Justice Kennedy reinstates Trump's refugee ban
- Author: Rogelio Becker Sep 12, 2017,
Sep 12, 2017, 0:21
Kennedy ordered challengers to the administration's refugee ban to submit written arguments in support of the lower court ruling by midday Tuesday.
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.
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.
Trump's Muslim Ban order has two relevant parts.
The ruling of the US Court of Appeals for the Ninth Circuit, issued September 7, would exempt refugees who have received assurances of support from resettlement agencies from President Trump's refugee ban.
The moves over the scope of the injunction against Trump's travel and refugee bans have taken place even as the 90-day ban on travel from six Muslim-majority nations and 120-day halt to the refugee program took effect - with exemptions, under a Supreme Court order, for those with a "credible claim of a bona fide relationship" to a U.S. person or entity.
In a 75-page Supreme Court filing, the administration did not contest the latter ruling, but said because it has already received 24,000 "assurances", or resettlement requests, from agencies "the Ninth Circuit's decision renders" an earlier Supreme Court decision to stay previous lower court rulings "inoperative". The ruling of the court also included those who are in the US.
Initially, the Trump administration tried to define who counts as a close family member very narrowly - excluding relatives such as grandparents, aunts, uncles, and cousins.
The Justice Department asked the Supreme Court to step in again - though only to block refugees, not grandparents and other extended family members.
If implemented, Wall argued, the 9th Circuit's orders would result in "precisely the type of uncertainty and confusion that the government has worked diligently to avoid" in its implementation of the order so far.
The Justice Department asked the Supreme Court to place that decision on hold until the high court can review broader issues of the travel ban next month.
The high court is scheduled to hear arguments about the legality of the travel and refugee bans in October.
The countries that weren't supplying adequate information were then to be given 50 days to begin doing so, and after that, top USA officials were to give Trump a list of countries recommended for inclusion on a more permanent travel ban.