Published: Tue, September 12, 2017
World | By Carl Welch

Justice Kennedy reinstates Trump's refugee ban

Justice Kennedy reinstates Trump's refugee ban

In July, the justices issued an order that temporarily allowed strict enforcement of the exclusion of refugees. The government initially sought to block grandparents and other extended family members of people in the United States from entering - as well as refugees with formal assurances - though a federal district judge stopped from doing so.

Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed "pending receipt" of their response.

A 9th Circuit order, due to take effect on Tuesday, would have cleared the way for as many as 24,000 refugees who have "a sponsorship-assurance agreement" with a US -based refugee-resettlement agency, the government said.

In June, the Supreme Court handed down a somewhat confusing decision allowing both parts of Trump's order to go into effect, but with a significant limitation.

The Trump administration asked the country's highest court on Monday to block a lower court ruling that would allow refugees with formal assurances from USA resettlement agencies to come to the United States.

If the top court did not act, the ruling could have gone into effect as early as Tuesday.

Trump's order halts entry into the United States by citizens of the six banned countries for 90 days and suspends refugee admissions for 120 days. The appeals court ruled that grandparents and cousins of people already in the US can't be excluded from the country under the travel ban.

"This Court's ruling can not plausibly bear that construction, which would as a practical matter render the partial stay this Court granted as to the refugee provisions a dead letter", the administration said.

The debates here, now before the Supreme Court, have centered around what constitutes such a "bona fide relationship".

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.

Thursday night, the 9th Circuit Appellate Court struck another blow to Trump's second, scaled down travel order.

The administration told the court Monday said that changing the way it enforces the policy on refugees would allow "admission of refugees who have no connection to the United States independent of the refugee-admission process itself".

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