Health Care

Supreme Court Stays Ninth Circuit Decision Limiting Scope of Suspension…

Supreme Court Stays Ninth Circuit Decision Limiting Scope of Suspension…”

The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January.

However, a day before the ruling was supposed to go into effect, the Supreme Court sided with Trump by placing a temporary stay on the Ninth Circuit's decision that refugees in touch with resettlement agencies would be exempt from the ban.

The SCOTUS, which is the nation's highest court and one of the three branches of government, has promised to decide which components of the Trump travel bans will be allowed to take effect. The Administration received another partial victory on Monday, when the Supreme Court, disagreeing with the U.S. Court of Appeals for the Ninth Circuit, temporarily allowed part of the refugee ban to continue. In that ruling, the SCOTUS overturned a lower court ruling that would have enabled refugees from Syria, Libya, Somalia, Sudan and Yemen to stay in the United States.

Please see our full articles on the issues being considered by the Supreme Court [see article], the implementation of the initial Supreme Court decision [see article], and the suspension of entry [see article] and refugee travel [see article] portions of Executive Order 13780.

The appeals court also said his administration did not persuasively explain why the broader travel ban should be enforced against close relatives of people from the six specified countries. Relationships with entities could include employment, or acceptance or enrollment at a university, in the United States. The justices declined to define the required relationships more precisely.

That prompted new litigation brought by Hawaii over the meaning of that phrase, including whether written assurances by resettlement agencies obligating them to provide services for specific refugees would count as a bona fide relationship. Grandparents and cousins of people already in the USA can't be excluded from the country under the travel ban, as the Trump administration had wanted. Unlike students who have been admitted to study at an American university, workers who have accepted jobs at an American company, and lecturers who come to speak to an American audience, refugees do not have any freestanding connection to resettlement agencies, separate and apart from the refugee-admissions process itself, by virtue of the agencies' assurance agreement with the government. Though the court customarily waits 52 days to enforce a ruling, the Ninth Circuit Court judges made a decision to enforce their ruling just five days later.

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