The Trump administration is returning to the Supreme Court in an effort to overturn lower court rulings crimping the application of President Donald Trump's travel ban executive order. That decision is set to take effect Tuesday, and as many as 24,000 refugees have received such assurances, the administration said in papers filed with the high court.
The Justice Department's high court filing Monday follows an appeals court ruling last week that would allow refugees to enter the United States if a resettlement agency in the US had agreed to accept their case. "Foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States", the Supreme Court held, are not subject to the ban while the Court gives the case a full review on the merits.
As per Justice Anthony Kennedy, a part of the decision lies in a court of Hawaii that is due on Tuesday, September 12.
The 9th Circuit's ruling applies to the executive order, issued by President Donald Trump in the early days of his administration, which blocks travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the US for 90 days following its implementation.
The Justice Department is appealing an injunction on President Trump's travel ban, even though a significant portion of the ban is set to expire by the October 10 court date.
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The Supreme Court already has weighed in twice on lower court rulings striking down or limiting the travel and refugee bans, though it has to rule on their validity. Nor can the exclusion of an assured refugee plausibly be thought to "burden' a resettlement agency in the relevant sense", Wall wrote in the request to the Supreme Court for a stay.
The government took a narrow view of that interpretation.
The appeals court ruled that grandparents, aunts, uncles, and cousins of American citizens must also be included in the definition of close family and be accepted into the country. By that point, the original 90-day travel ban will have lapsed and the 120-day refugee ban will have just a few weeks to run.
The Trump administration and a series of challengers have disagreed about what constitutes a "bona fide relationship", with the 9th Circuit ruling last week that the administration too narrowly defined qualifying familial relations.