Supreme Court Allows Refugee Ban to Stand While Case is Pending

Supreme Court Allows Refugee Ban to Stand While Case is Pending

The U.S. Supreme Court recently issued a temporary order that allows the Trump administration to keep its revised travel ban somewhat in place until it considers pending legal challenges to the order. This move will block the admission of some 24,000 refugees to the U.S. The high court’s order reversed a portion of the ruling by the appeals court below, which had lifted the ban’s restriction The appeals court also reversed the ban on immigrants from six predominantly Muslim countries with close relatives living in the U.S. The U.S. Supreme Court did not address this portion of the lower court’s ruling, and the high court will hear oral arguments on the case on October 10, 2017. The appeals court issued an order in June that temporarily reinstated the travel ban as to those immigrants who have no “credible claim” to a “bona fide relationship” with a person or entity in the U.S. Interpretations of the order have varied, since the court did not specify which relatives could be the basis for an immigrant from one these countries, other than to specify that spouses and in-laws qualified as relatives. Relationships with entities, on the other hand, had to be formal, documented, and created in the ordinary course, such as students admitted to American universities and lecturers invited to speak before an American audience. The Trump administration chose to interpret the appellate court order narrowly, including only some relatives of American residents, i.e., parents, spouses, children, siblings, parents-in-law, sons and daughters-in-law, and people engaged to be married. Other relatives, however, including grandparents and grandchildren, aunts and uncles, nephews and nieces, and cousins, did not qualify, nor did the relationship between refugees and resettlement agencies. The U.S. District Court in Honolulu expanded that interpretation to include grandparents as close relatives and the relationship between refugees and resettlement agencies. A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit agreed on both points, but its ruling was blocked by the Supreme Court’s subsequent ruling. At Landerholm Immigration, A.P.C., we are watching this case closely as it goes before the U.S. Supreme Court. We are dedicated to protecting the rights of detained non-citizens and working toward their release from detention. We know how to evaluate your case, explore your options, and provide you with the strongest defense against removal possible. Contact your California deportation defense attorneys today and set up an appointment to speak with our legal team.
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