Supreme Court Allows Partial Travel Ban to Proceed

Today the Supreme Court of the United States (SCOTUS) decided to take up the “travel ban” case that has arisen in the 4th and 9th Circuits, and has postponed President Trump’s efforts to ban for 90 days all nationals from entering the United States who are from the following countries: Libya, Yemen, Syria, Somalia and Sudan – also known as the “Muslim Ban” law.

The Court will proceed with oral arguments in the fall and thereafter will make a ruling. In the mean time, the unsigned opinion stated that only those¬†who lack any “bona fide relationship with any person or entity in the United States” will be banned, a compromise of sorts. For example, students, employees, and relatives will supposedly not be banned under this temporary ruling.

This could lead to likely chaos at the border, leaving it up to Customs and Border Patrol to determine who has a “bona fide relationship” and what level of evidence is needed or if just your word/testimony is sufficient. I doubt the latter will suffice. Coming armed with evidence of a relationship is obviously a good idea, but think of the scrutiny that will need to take place? I would guess all foreign nationals from these countries will be placed in secondary inspection at best, and at worst mistakenly sent back home with visas cancelled due to random, uninformed decision-making at the border. This will really stretch resources at the US Embassies and at the border in terms of upping scrutiny for these travelers.

If all goes the Administration’s way, the ban will go into effect in 72 hours – stay tuned as to how this roll out will roll.

 

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