Published: Thu, December 07, 2017
Global | By Shelia Dennis

Latest Trump travel ban prevents families from reuniting

Latest Trump travel ban prevents families from reuniting

The justices offered no explanation for their action Monday.

The challengers are arguing that Trump did not meet the standard for suspending immigration to the United States because he failed to articulate in his latest order how current USA immigration screening measures are flawed, and how the entry of the millions of foreign nationals covered by the ban would be detrimental to the United States.

The decision, with only two dissents, strongly suggests the justices believe the current version of Trump's broad travel ban does not exceed his powers under the immigration laws and does not reflect unconstitutional religious discrimination against Muslims.

The orders gave no reasons for the court's shift.

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"We are not surprised by today's Supreme Court decision permitting immediate enforcement of the President's proclamation limiting travel from countries presenting heightened risks of terrorism", the White House said. "Almost a year after we rallied at JFK in response to the first Muslim ban, we will continue to fight Trump's plan to turn bigotry into policy and resist this latest assault on our liberties just as we have every day since Trump took office", Choi said.

One thing that didn't come up at all on Wednesday: Trump's retweets last week of anti-Muslim videos posted by the United Kingdom nationalist group Britain First. Last week he shared on Twitter anti-Muslim videos posted by a far-right British party leader.

The national ACLU plans to argue at the Fourth Circuit Court of Appeals on Friday that the ban should ultimately be struck down. Monday's order means it can be enforced while challenges to the policy make their way through the legal system.

Trump has battled to implement a travel ban since just after he became president on January 20, after having repeatedly promised during last year's election campaign to ban all Muslims from entering the United States.

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Judge Chuang limited his injunction to exclude people without "a credible claim of a bona fide relationship with a person or entity in the United States", quoting from a Supreme Court order issued in June concerning the second travel ban. The courts included grandparents, grandchildren, brothers and sisters-in-law, aunts, uncles, nieces, nephews, and cousins of people already in the this category and students who have secured admissions. Lower courts partially blocked the administration from enforcing the ban, but the US Supreme Court earlier this week said it could go forward as the legal challenges play out. The Trump administration also added North Korea and Venezuela. Also unaffected are refugees.

The San Francisco-based 9th US Circuit Court of Appeals will hear arguments on the merits of Hawaii's challenge on Wednesday in Seattle.

David Levine, a University of California Hastings law school professor, said that by allowing the ban to take effect just days before the appeals court arguments, the justices were signaling their view. "I mean, when I was in the government, if a court, even a district court or even, you know, some small whatever court said, 'You've gotta make this finding, ' and then you had a long interagency process and they didn't make it, boy, that's a dog that really didn't bark".

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