USA officials can at least temporarily continue to block refugees with formal assurances from resettlement agencies from entering the United States after the Supreme Court intervened again Monday to save a piece of President Trump's travel ban.
The administration argued that by granting entry to any refugees who had been matched up with a resettlement agency in the USA, the lower court went far beyond the type of personal relationship Trump required.
The order took effect in late June, following a Supreme Court ruling that narrowed the scope of lower court rulings. A partial, temporary ban has been in effect since that decision, which only allows entry by those with a "bona fide" relationship to a family member in the US or a USA entity. President Barack Obama had raised it to 110,000 from 70,000 while in office. "It is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security".
The 9th Circuit also upheld another part of the judge's ruling that applies to the ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen. A committee of the United States court of appeals for the 9th Circuit had elucidated a Supreme Court order this summer to intend that such fugitives should be permitted, but there was an objection from the government.
The Justices were under some time pressure to act because, without prompt action, the Ninth Circuit Court was planning to put into effect promptly its ruling that the 24,000 refugees had to be admitted.
The administration's definition excluded some relatives, like grandparents, cousins, aunts and uncles. But the Trump Administration filed a request to block the eventual ruling, which they just did. "The lower courts have simply applied this court's standard to protect vulnerable refugees and the American entities that have been eagerly preparing to welcome them to our shores".
The court is expected to take up the legality of the travel ban October 10.
On Monday, Justice Kennedy issued a stay at the request of the Department of Justice, blocking a preliminary injunction previously upheld by the U.S. Court of Appeals for the Ninth Circuit.
The Justice Department opted not to appeal that part of the 9th Circuit decision. The case is Hawaii v. Trump.