The Supreme Court has granted the Trump administration's request to temporarily lift restrictions on the President's travel ban, quashing an opportunity for tens of thousands of refugees to enter the country. 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.
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".
In a one-page decision signed by Judge Anthony Kennedy, the high court temporarily blocked a decision by the 9th Circuit Court of Appeals last week that stopped the government from prohibiting refugees from entering if a resettlement agency in the USA has agreed to take them in.
The Supreme Court is scheduled to hear arguments October 10 on President Donald Trump's overall travel order, which imposed a 90-day ban on people entering the USA from six mostly Muslim countries and a 120-day ban on refugees, to give officials time to assess vetting procedures.
The arguments hinged on a stipulation in the travel ban that refugees in the pipeline can only be accepted if they have a "bona fide relationship" with a United States individual or entity.
"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.
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.
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 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.
The 90-day travel ban affects visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen.