Supreme Court Allows Full Trump Travel Ban to Go Into Effect
The Supreme Court on Monday gave Trump a tremendous win by allowing his full third travel ban to go into effect, even though two court injunctions against the ban are currently moving through the courts. The Trump travel ban is a “go” at least for the short term.
The court said that the ban is fully enforceable until such time as other court rulings come down and then the SCOTUS will take up the issue. Two dissenters (no surprise there) Ruth Bader Ginsburg and Sonia Sotomayer stated they would have left the lower courts rulings in place.
The ban was updated in September, after the first one was set to expire. The ban included Chad, Iran, Libya, Somalia, Syria and Yemen, with enhanced vetting procedures for North Korea, and Venezuela. The “baseline” criteria for each country means that those countries whose procedures for determining the potential for a traveler to be a danger to the nation are not up to par. In the order, they were given 50 days to comply – most have done so.
The Presidential order defined what “baseline”meant:
The DHS has determined that a small number of countries — out of nearly 200 evaluated — remain deficient at this time with respect to their identity-management and information-sharing capabilities, protocols, and practices. In some cases, these countries also have a significant terrorist presence within their territory.
Making America Safe is my number one priority. We will not admit those into our country we cannot safely vet.https://t.co/KJ886okyfC
— Donald J. Trump (@realDonaldTrump) September 24, 2017
The lower courts stated that the US could not keep out relatives of immigrants from those countries that were already here – i.e. a “bona fide connection” to the US. This ruling places that idea on hold.
The San Francisco-based 9th U.S. Circuit Court of Appeals and the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, will be holding arguments on the legality of the ban this week.
Both courts are dealing with the issue on an accelerated basis, and the Supreme Court noted it expects those courts to reach decisions “with appropriate dispatch.”
President Trump signed an, as his prior ban was about to expire.
Quick resolution by appellate courts would allow the Supreme Court to hear and decide the issue this term, by the end of June.
So at least until the other two challenges hit the SCOTUS, America can say no to travelers from certain countries.