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SCOTUS travel ban decision victory for security

SCOTUS travel ban decision victory for security

The revised order was meant to overcome the legal issues posed by the original ban, which also included Iraq among the nations targeted and a full ban on refugees from Syria.

The justices' action gives Trump a partial victory following a string of defeats from coast to coast, and he wasted no time applauding it.

Mr. Trump said last week that the ban would go into effect 72 hours after being cleared by courts. The White House asked the Supreme Court to intervene, submitting an emergency request to allow the ban to proceed while the legal proceedings played out. International Refugee Assistance Program (IRAP) and Trump v. Hawaii.

But lawyers fighting the ban are optimistic. Others said it showed bias based on nationality and exceeded the president's authority without a firm national security justification.

Before the Supreme Court justices begin their long summer break, they're poised to act on the Trump administration's travel ban and a separation of church and state dispute involving a Missouri church playground.

The executive order signed by Trump suspends the entry of foreign nationals from six Muslim-majority countries for 90 days and suspends entry of all refugees for 120 days.

The ban at issue is President Trump's second effort to ban Muslims from countries he has proclaimed to be unsafe. The Court limited their application to people who have a relationship with the United States but allowed enforcement of the ban as to foreign nationals with no ties to the country.

The Supreme Court left the lower-court injunctions against the ban in place, but only with respect to the challengers to the ban themselves and others in similar circumstances, meaning they involve people in the United States who have relationships with foreign nationals overseas and whose rights might be affected if those foreigners were excluded from entry.

The appellate judges weren't directly ruling on the merits of the travel ban itself.

Spokesman Bernie Derible also said Canadian permanent residents from the six designated countries who have valid resident cards and valid USA visas, and are deemed eligible by US border authorities to enter the USA, would not be denied entry.

The Trump administration will likely claim victory since the ruling allows portions of the ban to go into effect.

The court's decision, announced on 26 June, casts doubt on the fate of students and scientists from these countries who hope to study or work in the United States.

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The administration has said the 90-day ban was needed on national security grounds to allow an internal review of screening procedures for visa applicants from the six countries.

The ruling would remain in force until the court hears the case in full in October.

Because visa and green card holders were included in the first ban, it immediately produced confusion and protests at US airports.

These cases raise fundamental questions about the reach of executive power, the meaning of federal immigration law, the scope of the Establishment Clause, and about the role of the courts in policing the boundaries.

The second executive order, issued in March, revised the first to remove Iraq from the countries affected.

Whether the Department of Homeland Security can quickly establish rules and guidelines to comply with the Supreme Court's order remains to be seen. And the sum total is still that part of Trump's ban remains blocked, with no ruling on the overall constitutionality and the possibility that it gets partially struck down for good.

"Today's unanimous Supreme Court decision is a clear victory for our national security", Trump said in a statement. The 4th Circuit, based in Richmond, is dominated by President Barack Obama's nominees.

Omar Jadwat, director of the ACLU's Immigrants' Rights Project, called the travel ban unconstitutional, saying, "Courts have repeatedly blocked this indefensible and discriminatory ban".

There had been speculation that Supreme Court Justice Anthony Kennedy could reveal his retirement from the court Monday. Alito has spent his entire career working for the government.

Thomas said this will lead to a flood of litigation as courts try to figure out who has a "bona fide relationship" with the United States.

In March, the president issued a narrower order, but it, too, had been blocked. Thomas is the most conservative of all.


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