Court: Travel ban measure must stay in place, for now
WASHINGTON — U.S. officials can at least temporarily continue to block refugees with formal assurances from resettlement agencies from entering the United States after the Supreme Court intervened again Monday to save a piece of President Donald Trump’s travel ban.
Responding to an emergency request from the Justice Department, Justice Anthony Kennedy stopped an earlier federal appeals court ruling that had allowed refugees with a formal assurance to enter the country.
Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed “pending receipt” of their response.
The Supreme Court’s decision came not long after the Justice Department asked the justices to act. That filing, by Acting Solicitor General Jeffrey Wall, demonstrated the lengths to which the government is willing to go to impose its desired version of the ban.
At issue is whether the president can block a group of about 24,000 refugees with assurances from entering the United States after the Supreme Court decided in June to permit a limited version of his travel ban to take effect. The nation’s top justices are scheduled to hear arguments next month on whether the ban is ultimately legal.
Since Trump signed his first travel ban shortly after taking office, the directive has been mired in a complicated legal battle.
The president ultimately revoked the first ban — which blocked refugees and citizens of seven Muslim-majority countries from entering the United States — and replaced it with a less onerous version that blocked refugees and citizens of six of the initial seven countries. The Supreme Court ultimately decided that Trump could impose that measure, but not on those with a “bona fide” connection to the United States, such as having family members here, a job or a place in an American university.
It is the interpretation of a “bona fide” connection to the United States that is being debated. The government initially sought to block grandparents and other extended family members of people in the United States from entering, as well as refugees with formal assurances, though a federal district judge stopped it from doing so. The Supreme Court in July largely upheld that ruling, though it put on hold the portion dealing with refugees.
Last week, a federal appeals court panel weighed in, deciding that the administration could block neither grandparents nor refugees with assurances.
The Justice Department asked the Supreme Court to step in again — though only to block refugees, not grandparents and other extended family members.
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.
“The absence of a formal connection between a resettlement agency and a refugee subject to an assurance stands in stark contrast to the sort of relationships this Court identified as sufficient in its June 26 stay ruling,” Wall wrote in his filing. “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 free-standing connection to resettlement agencies, separate and apart from the refugee-admissions process itself, by virtue of the agencies’ assurance agreement with the government.”
Neal Katyal, a lawyer representing the state of Hawaii, which is challenging the travel ban, wrote on Twitter that he would “fight” the government’s latest request.