U.S. Supreme Court Allows Parts of Trump’s Travel Ban to Proceed

The U.S. Supreme Court has taken up the travel ban case and, on Monday, temporarily lifted legal roadblocks, thus allowing certain parts of President Trump’s travel ban to proceed. However, according to The New York Times, the court has placed limits on the ban while they evaluate the scope of the president’s power over the border.

According to Pacific Standard, President Trump praised the court’s decision, calling it a “clear victory” for national security. Those who oppose the travel ban pointed out that, by placing limits on the ban, the court’s opinion protects most people who enter the United States to attend a university, deliver a speech, accept a job, or visit a family member. The ban will not affect anyone who has a credible claim of a relationship with an entity or person in the United States.

Although parts of the travel ban are allowed to proceed, its scope is far narrower than the first travel ban that President Trump proposed, as well as the revised version.

Justices Clarence Thomas, Neil M. Gorsuch, and Samuel A. Alito Jr. issued a partial dissent, stating that the court’s opinion could lead to legal complications at consulates and encourage a flood of litigation. Justice Thomas expressed that executive officials now face the burden of deciding whether individuals from the affected countries have a sufficient connection to an entity or person in the United States.

Supreme Court’s Opinion Was a Rare Victory for Trump after Months of Strife with Lower Courts

President Trump’s revised executive order suspended the country’s refugee program for 120 days and placed strict limits on travel from six predominantly Muslim countries for 90 days. The order stated that the measures were necessary to fix weaknesses in immigrant vetting and screening procedures.

Parts of the order were blocked by two federal appeals courts. The administration requested that the rulings be stayed as the case moved forward. Part of that request was granted by the Supreme Court.

The Fourth Circuit ruled that placing restrictions on travel from predominantly Muslim countries was a violation of the First Amendment of the U.S. Constitution. Those limits were blocked but the suspension of the refugee program was allowed to proceed.

Later, the Court of Appeals for the Ninth Circuit blocked the suspension of the refugee program as well as the travel ban, stating that the president had exceeded his authority.

The Supreme Court will review the travel ban and the suspension of the refugee program in October.

If you are interested in visiting or relocating to the United States, it is important that you have an up-to-date knowledge of immigration laws. As demonstrated on multiple occasions this year, immigration rules can change quickly, and those changes can have far-reaching effects.

If you would like to discuss your situation with a green card attorney in New Jersey, contact the Law Office of Eric M. Mark. Call 973-453-2009 to schedule a consultation.