President Trump is celebrating a vindication on his proposed travel ban today. The Supreme Court has just lifted injunctions against the ban which sought to limit access to the United States by immigrants from six Muslim-majority countries. In their decision, they are indicating they may hear arguments in this case as early as this fall.
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“Today’s unanimous Supreme Court decision is a clear victory for our national security,” Trump wrote in a statement. “…As President, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive.”
“My number one responsibility as Commander in Chief is to keep the American people safe. Today’s ruling allows me to use an important tool for protecting our Nation’s homeland.”
The enforcement of the full ban may not go into effect until after the full case is heard in the fall, but key components of the ban may be enforced now.
“An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country as a refugee can legitimately claim concrete hardship if that person is excluded,” the high court wrote. “As to these individuals and entities, we do not disturb the injunction. But when it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.”
The “travel ban,” as it has come to be known, has been a major sticking point for the Trump administration. All efforts to enact the ban have been shot down by various lower courts that sought to challenge the President’s authority. The first, an executive order signed on January 27th was revised in March, but both were met by judicial challenges.
“What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions can come into U.S.?” Trump tweeted after his initial order was blocked.
“The Government has made a strong showing that it is likely to succeed on the merits – that is, that the judgments below will be reversed,” wrote Justice Thomas. His opinion was supported by Alito and Gorsuch. “The Government has also established that failure to stay the injunctions will cause irreparable harm by interfering with its ‘compelling need to provide for the Nation’s security.’”
“Today’s compromise will burden executive officials with the task of deciding — on peril of contempt — whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country,” Judge Thomas continued. “The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a ‘bona fide relationship,’ who precisely has a ‘credible claim’ to that relationship, and whether the claimed relationship was formed ‘simply to avoid §2(c)’ of Executive Order No. 13780.”