Truth be told, I never fully immersed myself in the travel ban issue as I saw it as separate from what I’ve been concentrating on. I’ve thought from the beginning that the President should never have mixed the two issues (US Refugee program and a travel restriction) in that first Executive Order and thus thoroughly confused the general public.
And, allowed the Supreme Court to muck around and write refugee law (see my Supreme Court category by clicking here.)
That said, I’m reporting here a brief summary from CNN of what happened yesterday. We will have a better understanding when the refugee industry gets in gear today and begins blasting away at Trump again.
They must be feeling the one-two punches, actually more than two punches when you consider the reduced numbers of paying clients (aka refugees) entering the US, the US withdrawal from Obama’s UN compact, and now this.
Washington (CNN)The US Supreme Court on Monday allowed the newest version of President Donald Trump’s travel ban to take effect pending appeal.
This is the first time justices have allowed any edition of the ban to go forward in its entirety. It signals that some of the justices might be distinguishing the latest version from previous iterations and could be more likely, in the future, to rule in favor of the ban.
Issued in September, the third edition of the travel ban placed varying levels of restrictions on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen.
Readers need to know that the only country in that list that we take significant refugees from is Somalia (and not even directly from Somalia, but from Kenya and elsewhere). So I assume this doesn’t completely close the Somali spigot for now, but I suspect this will make it harder for those Somali ‘refugees’ living in the US to travel back and forth to Somalia (the country they were supposedly escaping) as they have been doing!
We have been taking some ‘refugees’ from Iran, but most have been those practicing minority religions and not Muslims. And, although there was a big push for Syrians that number didn’t reach monumental numbers. Those other countries in the restricted list send very few (none in some cases) refugees to the US.
Countries from which we do receive Muslim refugees that are not on the travel ban list are: Burma (growing number of Rohingya entering US now), Iraq, Afghanistan, and several African countries. So this travel ban is in no way a Muslim ban!
Lower courts in two separate challenges had partially blocked the ban.
The order is a significant temporary win for the Trump administration, which has fought all year to impose a travel ban against citizens of several Muslim-majority countries. Monday’s order means it can be enforced while challenges to the policy make their way through the legal system.
The Trump administration has maintained that the President has the authority to install travel bans in order to protect national security.
“The Constitution and acts of Congress confer on the President broad authority to prevent aliens abroad from entering this country when he deems it in the nation’s interest,” Solicitor General Noel Francisco argued in court papers. Francisco argued that the ban was necessary “in order to protect national security.”
The White House said it was “not surprised” by Monday’s order.
More later when some bright legal minds weigh in.
And, remember this isn’t the end of it since there are still cases working their way through the lower courts.