Trump Travel Ban Bound for Supreme Court, Now or Later

The im­mi­gra­tion ban may be re-im­posed if an ap­peals court freezes a judge’s tem­po­rary re­strain­ing or­der block­ing it

The Economic Times - - Around The World -

Wash­ing­ton: Pres­i­dent Don­ald Trump’s ef­fort to bar trav­ellers from seven mostly Mus­lim na­tions is on a track to the US Supreme Court, which may even­tu­ally de­cide whether the ex­ec­u­tive branch has top au­thor­ity on im­mi­gra­tion and na­tional se­cu­rity.

The ban af­fect­ing busi­ness trav­ellers, stu­dents, im­mi­grants and refugees may be re-im­posed as early as Mon­day if an ap­peals court freezes a judge’s tem­po­rary re­strain­ing or­der block­ing it while the le­gal fight con­tin­ues over whether it’s con­sti­tu­tional. “Over­turn­ing the rul­ing would cause such an­guish and con­fu­sion at the bor­ders,” said Jayashri Srikan­tiah, a Stan­ford Law School pro­fes­sor who spe­cialises in im­mi­gra­tion. She said it’s “ex­tremely hard to bet” as to what the ap­peals court will do, “but one can imag­ine the con­fu­sion caused by re­vers­ing the TRO is some­thing the court is tak­ing into con­sid­er­a­tion.”

The Trump ad­min­is­tra­tion is ask­ing the lib­eral-lean­ing US Court of Ap­peals in San Fran­cisco to throw out the re­strain­ing or­der won by Wash­ing­ton state and Min­nesota, which con­tend the travel ban hurts their res­i­dents and em­ploy­ers in­clud­ing Mi­crosoft Corp, Ama­zon. comIn­can­dtheMay­oClinic.Hawaii At­tor­ney Gen­eral Doug Chin filed a mo­tiononSun­day­to­joinMin­nesota and Wash­ing­ton in the law­suit op­pos­ing Trump’s travel ban. Min­nesota and Wash­ing­ton met a dead­line early Mon­day morn­ing to file their ar­gu­ment against that re­quest, while the US Jus­tice De­part­ment has un­til 3 pm Mon­day to make its fi­nal ar­gu­ment. A de­ci­sion could come any­time after that and the los­ing side may make a quick run to the Supreme Court. “Those who were abroad were blocked from re­turn­ing home,” the two states said in the fil­ing. “Hus­bands were sep­a­rated from wives, broth­ers from sis­ters and par­ents from their chil­dren.”

Trump at­tacked news me­dia polls on the is­sue on Mon­day. “Any neg­a­tive polls are fake news, just like the CNN, ABC, NBC polls in the elec­tion. Sorry, peo­ple want bor­der se­cu­rity and ex­treme vet­ting,” he tweeted.

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