Thursday, 19 October, 2017

Travel ban's 'bona fide relationship' test could open legal floodgates

Q&A Murkiness follows Supreme Court's action on travel ban The Latest: Egypt lets 6 Yemenis board New York-bound flight
Francis Olson | 28 June, 2017, 09:49

The Supreme Court on Monday agreed to hear the Trump administration's appeals of lower court rulings blocking the travel ban.

The ban "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", the court said, but "all other foreign nationals are subject to the provisions of (the executive order)".

For all three of those provisions of the second executive order, the Supreme Court distinguished between persons who already have a "bona fide relationship with a person or entity in the United States" and those who do not. Yet that is precisely what liberal majorities on both the Fourth and Ninth Circuit Courts of Appeal did in blocking the travel bans, and the Supreme Court is saying those rulings will not be the last judicial word.

If they do not, they could be included in a proclamation that would block "appropriate categories" of their citizens from coming to the United States, according to the executive order.

A 120-day ban on refugees also is being allowed to take effect on a limited basis.

What, if anything, has the Trump administration done to evaluate the vetting process since it began issuing several versions of its "temporary" travel ban?

After a federal judge struck down the bans, Trump signed a revised order meant to overcome legal hurdles.

According to the court, Bona fide relationships may include employees who have accepted a job with a US company and students accepted to a USA university.

The Supreme Court will take up the travel ban fully in October.

Ukraine targeted by worst cyber attack in its history
Whatever the source, Merck tweeted on Tuesday that its global computer systems have been affected in a cyber attack. Ukraine's central bank reported disruption to operations at banks and firms, including the state power distributor.

In a statement after the court's announcement, Trump said the high court's decision was a "clear victory" for national security.

Yesterday the Supreme Court acted on the Trump administration's appeal of the "Travel Ban", or Executive Order No. 13780, "Protecting the Nation From Foreign Terrorist Entry Into the United States". As of May 31 of this year, 46,403 refugees have been admitted into the US - close to the cap of 50,000 that the Trump administration put into place. Nauert clarified that refugees who hold a "bona fide relationship to the U.S." will be unaffected by the administration's 50,000 cap.

Airports may be less likely to see the same sorts of demonstrations given the advance warning, that those with prior permission to enter are not affected and the months people have had to reach the US since the first ban was blocked. It was blocked by the federal judges before going into effect on March 16 as planned.

"We will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way", the statement said.

Homeland Security said the order will be carried out "professionally, with clear and sufficient public notice".

The court will hear oral arguments on the case in the fall before rendering a final decision.

The American Civil Liberties Union has suggested - and the Supreme Court said it would consider - whether the case became moot on June 14.

The court said the distinction should be easy to administer. Clarence Thomas, Neil Gorsuch and Samuel Alito wrote in a dissenting opinion that the travel ban should have been allowed to take effect in full, but the others clearly have reservations or they wouldn't have added the weird exceptions.

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