Today the Supreme Court announced that it would consider whether President Trump’s travel ban order is lawful. The Supreme Court lifted part of the injunction blocking the ban, which will allow the travel ban, with some exceptions, to go into effect.
The executive order in question suspended the refugee resettlement program and banned travel to the United States by people from six predominantly Muslim countries: Iran, Syria, Sudan, Libya, Somalia and Yemen.
With regard to the travel ban, the court said that the injunctions issued by the lower courts were too broad, and announced that in part, the travel ban should be allowed to go into effect. However, the court also stated that the travel ban could not be enforced against people from those six countries that have a “credible claim of a bona fide relationship with a person or entity in the United States.”
The court provided examples of such a “bona fide relationship” as being:
- People who want to visit or live with a family member in the United States;
- Students at U.S. universities or individuals that have already been admitted into a U.S. university;
- Employees of U.S. companies or individuals that have already accepted employment with a U.S. company; or
- Lecturers invited to speak to an American audience.
The court also allowed the administration to temporarily suspend refugee resettlement with the exception of those refugees who have a credible claim of a relationship with a person or entity in the United States.
Last week, the President signed a memorandum in which he stated that the Executive Order would go into effect 72 hours after the injunction was lifted. That would mean the ban goes into effect Thursday morning, June 29.
In coming days and weeks it will become more clear how refugees, visa holders and visa applicants seeking entry to the U.S. will be reviewed by embassies, consulates, and Customs and Border Protection.
The Supreme Court will hear the case in October, and noted that it might be moot since the travel ban was intended to give the administration 90 days to review vetting procedures. It asked to be briefed on that issue when it hears the case.
If you are a University of Minnesota student, staff or faculty from one of the six countries who has plans to travel outside the U.S., we would like to hear from you. Please email us at firstname.lastname@example.org.
We strongly encourage international students and scholars to consult with ISSS before considering travel outside the United States.