Supreme Court Sides With Trump Administration, Allows Ban On Most Refugees

Jae C. Hong/AP Photo
In the latest development of a complicated legal battle that began in January when Donald Trump issued an executive order barring refugees from entering the country, the Supreme Court is allowing the Trump administration to maintain its restrictive policy on refugees. The Washington Post reports that there were no recorded dissents to the decision.
The justices on Tuesday agreed to an administration request to block a lower court ruling that would have eased the refugee ban and allowed up to 24,000 refugees to enter the country before the end of October.
Advertisement
The court issued a one-paragraph statement granting the administration's request for a stay: "The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered by a formal assurance, pending further order of this Court."
The order was not the court's last word on the travel policy that President Donald Trump first rolled out in January. The justices are scheduled to hear arguments on Oct. 10 on the legality of the bans on travelers from six mostly Muslim countries and refugees anywhere in the world.
It's unclear, though, what will be left for the court to decide. The 90-day travel ban lapses in late September and the 120-day refugee ban will expire a month later.
The administration has yet to say whether it will seek to renew the bans, make them permanent or expand the travel ban to other countries.
Lower courts have ruled that the bans violate the Constitution and federal immigration law. The high court has agreed to review those rulings. Its intervention so far has been to evaluate what parts of the policy can take effect in the meantime.
Advertisement
The justices said in June that the administration could not enforce the bans against people who have a "bona fide" relationship with people or entities in the United States. The justices declined to define the required relationships more precisely.
A panel of the San Francisco-based 9th U.S. Circuit Court of Appeals upheld a district judge's order that would have allowed refugees to enter the United States if a resettlement agency in the U.S. had agreed to take them in.
The administration objected, saying the relationship between refugees and resettlement agencies shouldn't count. The high court's unsigned, one-sentence order agreed with the administration, at least for now.
The appeals court also upheld another part of the judge's ruling that applies to the ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen.
Grandparents and cousins of people already in the U.S. can't be excluded from the country under the travel ban, as the Trump administration had wanted. The administration did not ask the Supreme Court to block that part of the ruling.
Advertisement