Justices Allow Refugee Ban While Case Proceeds

The Supreme Court temporarily upholds Donald Trump's travel ban

The Supreme Court temporarily upholds Donald Trump's travel ban

"The absence of a formal connection between a resettlement agency and a refugee subject to an assurance stands in stark contrast to the sort of relationships this court identified as sufficient in its June 26 stay ruling",

In an order signed by Justice Anthony Kennedy, the U.S. Supreme Court on Monday placed a temporary hold on the 9 Circuit Court of Appeals ruling last week which had limited Trump's March 6 travel ban order barring refugees from entering the country.

This latest development in the travel ban litigation grew out of the Supreme Court's decision not to allow the travel ban to take effect against individuals with a "bona fide relationship" to a person or entity in the United States.

In a brief order and with no dissents, the justices reversed rulings by a federal judge in Hawaii and the 9th Circuit Court of Appeals in San Francisco.

Next month, the high court is scheduled to hear arguments on the legality of Trump's travel ban.

The government initially declined to include grandparents and other extended family members as meeting that standard, as well as refugees with formal assurances.

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.

On Tuesday, the full court said it had granted the administration's appeal.

"An assurance agreement does not create any relationship whatsoever with the refugee", acting U.S. Solicitor General Jeffrey Wall argued in court papers. But the court disagreed, saying it considered the screening processes in place and the "concrete harms" suffered by resettlement agencies if refugees are refused entry to the U.S.

"Refugees with formal assurances are the category of foreign nationals least likely to implicate the national security rationales the government has pointed to in the past", wrote Washington lawyer Neal Katyal, who is representing Hawaii. "It is therefore exceedingly unlikely that they represent a security threat". "It is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security". The affected countries are Iran, Libya, Somalia, Sudan, Syria and Yemen.

Time is beginning to become a factor in the broader fight over Trump's travel ban.

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