DemDaily: SCOTUS Takes Top Off Travel Ban

December 8, 2017

On Monday the United States Supreme Court (SCOTUS) decided to allow full enforcement of the Trump Administration's ban on travel to the United States by residents of six mostly Muslim countries.

The controversial "travel ban," first issued just one week after Trump's inauguration, and without coordination or warning to any of the enforcing government agencies, caused unprecedented chaos and protests in airports and cities nationwide - and worldwide condemnation since.

On January 27th President Trump issued executive order "Protecting The Nation From Foreign Terrorist Entry Into The United States," which banned entry, for 90 days, by travelers from seven predominantly Muslim countries: Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.

An onslaught of legal suits ensued and, on February 9th, the US Court of Appeals for the Ninth Circuit ruled the ban was unconstitutional and issued a nationwide injunction freezing its implementation.

Trump's March 6th revised order, an attempt to placate legal and political opposition, reduced the immigration ban to six countries (taking Iraq off the list), exempted green-card holders, valid visa holders and refugees with previously approved travel - but was rejected by the US Court of Appeals for the Fourth Circuit on May 25th.

"An Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination." - Fourth Circuit Court

Justices Ruth Bader Ginsburg and Sonia Sotomayor disagreed with the recent decision

The Trump Administration appealed to the US Supreme Court which, on June 26th, issued a temporary ruling, lifting part of the lower court's injunctions, and allowing a ban on "foreign nationals who lack any bona fide relationship with a person or entity in the United States."

Pending Final
Although the Justices did not provide a reason for the December 4th decision, the Administration's appeal was based on "national security" concerns.

This week's decision, however, is not the Court's final ruling on the policy.

There are other legal challenges to the policy that are in various stages of the federal appeals process, and are expected to come before the High Court before the end of this SCOTUS session in June, 2018.

As always, DemList will keep you informed.

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Kimberly Scott

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Sources: New York Times, Washington Post, CBSNews, CNN

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