In victory for Trump, US Supreme Court revives travel ban
Allows partial implementation now, full decision in October
WASHINGTON (Reuters) – The US Supreme Court handed a victory to President Donald Trump on Monday by reviving parts of his travel ban on people from six Muslim-majority countries and refugees, and agreeing to decide its legality later this year in a major test of presidential powers.
The justices narrowed the scope of lower court rulings that completely blocked his March 6 executive order that Trump said was needed to prevent terrorism in the United States, allowing his temporary ban to go into effect for people with no strong ties, such as family or business, to the United States.
In a statement, Trump called the high court’s action “a clear victory for our national security,” saying the justices allowed the travel suspension to become largely effective.
“As president, I cannot allow people into our country who want to do us harm,” Trump added. “I want people who can love the United States and all of its citizens, and who will be hardworking and productive.”
The lower courts that blocked the order said it violated federal immigration law
and was discriminatory against Muslims in violation of the US Constitution. Critics called it a “Muslim ban.”
There were no noted dissents among the nine justices in the unsigned decision, although three of the conservative justices said they would have gone a step further by granting Trump’s request to implement the bans fully while the legal battle continues.
The court did not give Trump everything he wanted.
His March 6 order called for a blanket 90-day ban on people from Libya, Iran, Somalia, Sudan, Syria and Yemen, and a 120-day ban on all refugees to enable the government to implement stronger vetting procedures. It was blocked by federal judges before going into effect on March 16 as planned.
Both bans are now due to partly go into effect in 72 hours, based on a memorandum issued by the Trump administration on June 14.
“The implementation of the executive order will be done professionally, with clear and sufficient public notice, particularly to potentially affected travelers, and in coordination with partners in the travel industry,” the Department of Homeland Security said in a statement.
The court said it would hear arguments in October on the lawfulness of one of Trump’s signature policies in his first months as president.
The decision endorsed the Trump administration’s contention that the president deserves greater deference from the courts on national security matters.
Trump signed the order as a replacement for a January 27 order issued a week after he became president that also was blocked by federal courts, but not before it caused chaos at airports and provoked numerous protests.
The justices said the travel ban will go into effect “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.” That means people from the six countries and refugees with no such ties would be barred from entry.
Trump’s order embodied his “America First” nationalist message and reflected his views of the dangers posed to the United States by certain immigrants and visitors.
There is likely to be further litigation over who is covered by the ban based on the Supreme Court action. Opponents of the executive order maintain that the court decision kept significant restrictions on the breadth of the travel ban because the vast majority of individuals seeking to come into the United States would have some sort of link to the United States. •