Monday, June 26, 2017

Supreme Court Lifts Part of Trump Travel Ban Injunction

The U.S. Supreme Court has Partially lifted an Injunction against President Trump's Travel Ban. America's highest court also granted an Emergency Request from the White House allowing Part of the Refugee Ban to go into Effect.
The Justices said they would consider in October whether Trump's Policy should be Upheld or Struck Down.

The Supreme Court said in Monday's ruling: "In practical terms, this means that [the executive order] may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of [the executive order]."

The Path to Entry into the U.S. for Immigrants and Refugees from the affected Nations, if they don't have Existing Ties to the U.S., either through Family, Schools, or Employment, just became considerably harder. The Decision marks a Reaffirmation of the Sweeping Powers the President has traditionally been Granted by the Courts in areas of National security. There was fear in some Quarters that the Administration's ham-fisted Implementation of its Immigration Policy could do Lasting Damage to the President's Prerogatives. That appears not to be the case.

The government, the Justices write, has a "compelling need to provide for the nation's security". That includes being able to Close the Borders based on an Evaluation of the Potential of Foreign Threats, at least for now.
The Supreme Court Justices will fully consider the Arguments on Both sides next Autumn. Of course, by that time it may not matter. The Administration has Three Months to Conduct its "Executive Review" of Immigration Policy and devise new Guidelines. In the meantime, the Gates to America just got a bit Smaller.

The Court said it could not Uphold Lower Court Injunctions Barring Enforcement of the Ban against Foreigners who have no Connection to the United States at all. "Denying entry to such a foreign national does not burden any American party by reason of that party's relationship with the foreign national," the Court said. The Court also said it would allow a 120-Day Ban on All Refugees entering the U.S. to go into Effect, allowing the Government to Bar Entry to Refugee Claimants who do not have any "Bona Fide Relationship" with an American Individual or Entity.

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch wrote in the Ruling that they would have Allowed the Travel Ban to go into full Effect, Pending a Review. The Ruling hands a Major Victory to Trump, who Restored a 5-4 Conservative Majority to the Supreme Court when his Nominee, Justice Gorsuch, joined its Bench in April. There are Five Republican Appointees on the Court and Four Democratic Appointees. Trump's Policy had been left in limbo since it was Struck down by Federal Judges in Hawaii and Maryland, who found it to be Discriminatory. Those Lower Courts Ruled against the Executive Order Days after the President Issued a Revised Version with a Narrower Scope on March 6th. The Original Ban, released on January 27th, provoked Mass Protests at American Airports.

The President's Revised Order calls for a 90-Day Ban on Travelers from Libya, Iran, Somalia, Sudan, Syria, and Yemen. It also introduces a 120-Day Ban on all Refugees entering the U.S. to Enable the Government to Implement Stronger Vetting Procedures. Trump Issued the Orders amid a Slew of Terrorist Attacks in Paris, London, Brussels, Berlin, and other Cities. However, Critics called the Policy Un-American and Islamophobia.

The President was Unhappy about the March Order, calling it a "Watered Down, Politically Correct" Version of the first one. January's Original Executive Order included Iraq among Nations whose Travelers would be barred from the U.S., and imposed a Full Ban on Refugees from Syria.

NYC Wins When Everyone Can Vote! Michael H. Drucker
Digg! StumbleUpon

No comments: