Praise, Criticism Of Supreme Court Decision On Temporary Travel Ban

Gladys Abbott
June 27, 2017

"President Trump's Muslim ban violates the fundamental constitutional principle that government can not favor or disfavor any one religion", Omar Jadwat, director of the group's immigrants' rights project, said.

That is because the high court effectively banned citizens of six mostly Muslim countries "who lack any bona fide relationship with a person or entity in the United States".

The U.S. Supreme Court agreed to reinstate much of President Trump's travel ban the lower courts had previously blocked. Or will that be dealt with in the full hearing in the fall?

And the Court has not reached the merits of the case that pits executive power on issues of immigration and national security against prohibitions on religious discrimination.

Parts of the ban will come into effect within 72 hours of the Supreme Court ruling yesterday, according to the US State Department.

In its 13-page order temporarily allowing a portion of the travel ban to go into effect on 29 June, the justices detailed some examples of a bona fide relationship. Rather than pursue an appeal, the administration said it would revise the policy.

The justices of the court said the travel ban will go into effect "with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States".

But opponents argued that the ban discriminates against Muslims in violation of the U.S. Constitution.

"During his campaign for the presidency previous year, Trump had said he wanted to ban all Muslims from entering the United States". But critics have called the order a mean-spirited, intolerant and un-American "Muslim ban". All six have been designated as presenting heightened concerns about terrorism and travel to the United States.

It also introduces a 120-day ban on all refugees arriving in the U.S., a move meant to allow Washington to implement tighter vetting procedures.

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Chief Justice John Roberts, a conservative, and Associate Justice Anthony Kennedy, another conservative who is often the court's swing vote, sided with the four more liberal members of the court in the majority decision allowing an interim compromise regarding the ban.

But the court said the injunctions were too broad to also include barring enforcement of the ban against foreigners who have no connection to the United States at all.

Part of the 120-day ban on refugees is also being allowed to take effect on a similar, limited basis.

As some legal experts are defining it, the court's decision could clear a fairly broad category of people to enter the country.

Trump hailed the court's order as a "clear victory for our national security", especially after lower court rulings that blocked the travel ban in its entirety.

"Immigration, even for the president, is not a one-person show", the three justices of the Ninth Circuit Court of Appeals said in a ruling earlier this month. "I want people who can love the United States and all of its citizens, and who will be hard-working and productive".

The official who described the plans was not authorized to discuss them publicly by name and spoke on condition of anonymity.

Watson then allowed Hawaii to modify its suit to challenge the second ban, and ultimately issued a nationwide injunction against it.

When the Trump administration rolled out the President's first executive order in January, bedlam ensued nearly immediately as foreigners from seven predominately Muslim countries tried to enter the USA, only to be turned away at the border or separated from loved ones overseas. The unsigned decision was per curiam, that is, for the whole court. They said it violated federal immigration law and was discriminatory against Muslims, with all but the appeals court saying it is unconstitutional. They include a foreign national who wishes to live with or visit a family member, a student who has been admitted by a university, or a worker with an offer of employment from a USA business.

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