Supreme Court order allows enforcement of travel ban against refugees

The U.S. Supreme Court will hear arguments on President Trump's travel ban in October

The U.S. Supreme Court will temporarily allow the Trump administration to block many refugees from six mostly Muslim countries without direct familial ties in the United States from entering this country.

According to The New York Post, Justice Anthony Kennedy ordered a stop to Thursday's 9th Circuit Court of Appeals ruling, which decided against banning refugees who are accepted by USA resettlement agencies for 120 days. "Hawaii-Temp-Stay-Resp-Order-9-11-17.pdf">ruling (pdf) follows a bid by the administration to block part of the 9th U.S. Circuit Court of Appeals ruling from last Thursday. Yet the Justice Department hasn't given any indication of awareness that the court might well dismiss the case without deciding whether the ban is legal.

Had the Supreme Court not acted, an appeals court decision lifting part of the ban on refugees would have gone into effect on Tuesday.

Since Trump signed his first travel ban shortly after taking office, the directive has been mired in a complicated legal battle. International Refugee Assistance Project, No. 16-1436, the other major travel ban case.

Resettlement agencies argued that their commitment to provide services for specific refugees should count as a "bona fide" relationship. Wall said they disagreed with - but wouldn't immediately challenge - another part of the 9th Circuit's decision that said grandparents, nieces, nephews and cousins of people already in the US should be exempted from the travel ban because they are considered to have a "close" enough relationship.

The Supreme Court on Monday allowed the Trump organization's demand to briefly lift confinements on the president's travel boycott.

In July, the justices sided with a lower court ruling that grandparents and cousins of a person in the USA fit the definition of a close relationship. Even those refugees with formal assurances from a resettlement agency lack the sort of connection that should exempt them from the ban, the Justice Department argued in its filing to the Supreme Court.

"Nor can the avoidance of a guaranteed exile conceivably be thought to "trouble" a resettlement office in the important sense". The government said formal assurances from a refugee agency that may not have had direct, personal contacts with the refugee were not covered in that exception.

Neal Katyal, a lawyer representing Hawaii, which is challenging the travel ban, wrote on Twitter that he would "fight" the government's latest request.

In court papers filed earlier on Monday, the Justice Department said the 9th Circuit decision on the refugee ban "will disrupt the status quo and frustrate orderly implementation of the order's refugee provisions".

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