The Supreme Court ruled Monday that President Trump’s immigration travel ban against six majority-Muslim countries can take full effect while legal challenges against the latest version are still tied up in courts.
The ruling means all travelers from Iran, Libya, Syria, Yemen, Somalia and Chad with “bona fide” connections to the United States cannot enter the United States while the cases proceed.
The decision eliminates restrictions imposed by federal courts based in California and Maryland that were similar to those designed by the Supreme Court in June. At that time, the justices allowed only part of an earlier, temporary travel ban to be implemented.
The unsigned order from the court was opposed by Justices Ruth Bader Ginsburg and Sonia Sotomayor.
The battle over the travel ban dates to the first week of the Trump administration and has involved different countries, restrictions and exemptions.
After losing in nearly all federal district and appeals courts through the winter and spring, the administration won the Supreme Court’s partial support in June. The justices said travelers from six predominantly Muslim nations — a group that included Sudan but not Chad at the time — could be banned if they lacked a direct connection to people or institutions in the U.S.
That ban expired in September, however, when the administration completed its worldwide review of screening procedures used by foreign governments and announced its new, more permanent policy by proclamation. The Supreme Court dismissed the pending challenge to the earlier ban.
But before the third one could go into effect, it was blocked by the same district court judges in Hawaii and Maryland who struck down the prior version.
Those judges cited different reasons for their decisions. In Hawaii, Judge Derrick Watson said the latest ban illegally targeted people based on nationality. In Maryland, Judge Theodore Chuang said it unconstitutionally singled out individuals based on their Muslim religion.
The administration claims in its latest Supreme Court filings that the new travel ban is the result of its “comprehensive” global review and should therefore withstand challenges the prior versions did not.
“The proclamation amply justifies the president’s finding that the national interest warrants the exclusion of certain foreign nationals, and conclusively rebuts respondents’ claims that the entry restrictions were motivated by animus rather than protecting national security,” the Justice Department said in its latest brief Thursday.
Opponents — the state of Hawaii and the International Refugee Assistance Project — say the government’s motives remain the same, citing President Trump’s statements during the presidential campaign and his tweets and comments this year.
“The president’s third travel ban, like his first and his second, is irreconcilable with the immigration laws and the Constitution,” Hawaii’s latest brief said. “It continues the same policy of excluding Muslims that multiple courts previously held unconstitutional.”
Trump fanned the flames against Islamist terrorism again last week by re-tweeting three videos from a British ultra-nationalist group depicting Muslim violence. The tweets touched off a war of words with British leaders, some of whom urged that the president’s planned State visit should be called off.
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SOURCE: USA Today – Richard Wolf