DOJ Petitions Supreme Court To Overturn Lower Court's Limits on Travel Ban

Donald Trump

The Supreme Court agreed Monday to uphold President Donald Trump's executive order banning refugees from entering the USA, hours before it was set to be upended, APA reports quoting Anadolu Agency. The Supreme Court ultimately decided that Trump could impose that measure, but not on those with a "bona fide" connection to the United States, such as having family members here, a job or a place in an American university.

The order is in response to the administration's request for the high court to block a lower court ruling that could allow up to 24,000 refugees to enter the United States.

The 9th Circuit's ruling applies to the executive order, issued by President Donald Trump in the early days of his administration, which blocks travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the USA for 90 days following its implementation.

By way of explaining the Justice Department's different treatment of the rulings, lawyers noted that "the government already has been applying the lower courts' reading of close family members, whereas the Ninth Circuit's refugee-assurance ruling would upend the status quo and do far greater harm to the national interest".

The debates here, now before the Supreme Court, have centered around what constitutes such a "bona fide relationship".

Thursday night, the 9th Circuit Appellate Court struck another blow to Trump's second, scaled down travel order.

"This Court's ruling can not plausibly bear that construction, which would as a practical matter render the partial stay this Court granted as to the refugee provisions a dead letter", the administration said.

Although the 9th Circuit also prohibited the government from banning relatives of someone in the United States, the Justice Department focused exclusively on removing the Appeals Court's protection of refugees who received formal assurance from resettlement entities.

"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 Supreme Court is scheduled to hear arguments in October about whether Trump's travel ban discriminates against Muslims, in violation of the U.S. Constitution.

The travel ban bars people from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the US. 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.

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