U.S. Supreme Court breathes new life into Trump’s travel ban

People walk outside the the U.S. Supreme Court building after the Court granted parts of the Trump administration's emergency request to put his travel ban into effect immediately while the legal battle continues, in Washington, U.S., June 26, 2017

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday handed a victory to President Donald Trump by reviving parts of a travel ban on people from six Muslim-majority countries that he said is needed for national security but that opponents decry as discriminatory.

The justices narrowed the scope of lower court rulings that had completely blocked key parts of a March 6 executive order that Trump had said was needed to prevent terrorism in the United States, allowing his temporary ban to go into effect for people with no strong ties such as family or business to the United States. [http://tmsnrt.rs/2seb3bb]

The court issued its order on the last day of its current term and agreed to hear oral arguments during its next term starting in October so it can decide finally whether the ban is lawful in a major test of presidential powers.

In a statement, Trump called the high court’s action “a clear victory for our national security,” saying the justices allowed the travel suspension to become largely effective.

“As president, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive,” Trump added.

Trump’s March 6 order called for a blanket 90-day ban on people from Iran, Libya, Somalia, Sudan, Syria and Yemen and a 120-day ban on all refugees while the government implemented stronger vetting procedures. The court allowed a limited version of the refugee ban, which had also been blocked by courts, to go into effect.

Trump issued the order amid rising international concern about attacks carried out by Islamist militants like those in Paris, London, Brussels, Berlin and other cities. But challengers said no one from the affected countries had carried out attacks in the United States.

Federal courts said the travel ban violated federal immigration law and was discriminatory against Muslims in violation of the U.S. Constitution. Critics called it a discriminatory “Muslim ban.”

Ahmed al-Nasi, an official in Yemen’s Ministry of Expatriate Affairs, voiced disappointment.

“We believe it will not help in confronting terrorism and extremism, but rather will increase the feeling among the nationals of these countries that they are all being targeted, especially given that Yemen is an active partner of the United States in the war on terrorism and that there are joint operations against terrorist elements in Yemen,” he said.

Groups that challenged the ban, including the American Civil Liberties Union, said that most people from the affected countries seeking entry to the United States would have the required connections. But they voiced concern the administration would interpret the ban as broadly as it could.

“It’s going to be very important for us over this intervening period to make sure the government abides by the terms of the order and does not try to use it as a back door into implementing the full-scale Muslim ban that it’s been seeking to implement,” said Omar Jadwat, an ACLU lawyer.

During the 2016 presidential race, Trump campaigned for “a total and complete shutdown” of Muslims entering the United States. The travel ban was a signature policy of Trump’s first few months as president.

‘BONA FIDE RELATIONSHIP’

In an unusual unsigned decision, the Supreme Court on Monday said the travel ban will go into effect “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.”

A lack of a clearly defined relationship would bar from entry people from the six countries and refugees with no such ties.

Hawaii Attorney General Douglas Chin, who successfully challenged the ban in lower courts, said that students from affected countries due to attend the University of Hawaii would still be able to do so.

Both bans were to partly go into effect 72 hours after the court’s decision. The Department of Homeland Security promised clear and sufficient public notice in coordination with the travel industry.

Trump signed the order as a replacement for a Jan. 27 one issued a week after he became president that also was blocked by federal courts, but not before it caused chaos at airports and provoked numerous protests.

Even before the Supreme Court action the ban applied only to new visa applicants, not people who already have visas or are U.S. permanent residents, known as green card holders. The executive order also made waivers available for a foreign national seeking to enter the United States to resume work or study, visit a spouse, child or parent who is a U.S. citizen, or for “significant business or professional obligations.” Refugees “in transit” and already approved would have been able to travel to the United States under the executive order.

A CONSERVATIVE COURT

The case was Trump’s first major challenge at the Supreme Court, where he restored a 5-4 conservative majority with the appointment of Neil Gorsuch, who joined the bench in April. There are five Republican appointees on the court and four Democratic appointees. The four liberal justices were silent.

Gorsuch was one of the three conservative justices who would have granted Trump’s request to put the order completely into effect. Fellow conservative Justice Clarence Thomas wrote a dissenting opinion in which he warned that requiring officials to differentiate between foreigners who have a connection to the United States and those who do not will prove unworkable.

“Today’s compromise will burden executive officials with the task of deciding – on peril of contempt – whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country,” Thomas wrote.

The state of Hawaii and a group of plaintiffs in Maryland represented by the American Civil Liberties Union argued that the order violated federal immigration law and the Constitution’s First Amendment prohibition on the government favoring or disfavoring any particular religion. Regional federal appeals courts in Virginia and California both upheld district judge injunctions blocking the order.

(Reporting by Lawrence Hurley. Additional reporting by Andrew Chung and Yeganeh Torbati in Washington and Mohammed Ghobari in Sanaa, Yemen; Editing by Will Dunham and Howard Goller)

Civil liberties groups sue U.S., seek details on travel ban

Demonstrators participate in a protest by the Yemeni community against U.S. President Donald Trump's travel ban in the Brooklyn borough of New York, U.S., February 2, 2017. REUTERS/Lucas Jackson

By Scott Malone

BOSTON (Reuters) – Civil liberties groups on Wednesday said they were filing a series of lawsuits against the U.S. government seeking details on how federal agencies enforced President Donald Trump’s ban on travelers from seven Muslim-majority countries.

The lawsuits were filed by local chapters of the American Civil Liberties Union against U.S. Customs and Border Protection and the Department of Homeland Security and cover their operations in 14 cities stretching from Portland, Maine, to San Diego.

The suits are an attempt to enforce requests filed under the Freedom of Information Act (FOIA) just days after Trump signed his first executive order limiting travel.

That Jan. 27 order, intended to fulfill a campaign promise to take a tough stance on immigration, first temporarily barred travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The order, which also temporarily barred refugees, led to a weekend of chaos at U.S. airports with travelers barred from entering the country upon landing while thousands of people turned out to protest the measures.

A federal judge ordered a halt to enforcement of that ban and Trump followed up in March with a less-sweeping order that did not limit travelers from Iraq, but which has also been challenged in courts. Opponents said the orders violated the U.S. constitution’s prohibitions on religious discrimination, citing Trump’s campaign promises to impose a “Muslim ban.”

The Trump administration said the restrictions are legal and are necessary to protect U.S. national security.

The suits, filed in federal courts, seek disclosure of how many people have been detained or subjected to additional screening since the first executive order as well as the guidance that was provided to DHS staff about how to enforce the order.

“Customs and Border Protection has a long, rich history of ignoring its obligations under the Freedom of Information Act and so these lawsuits are an effort to enforce its obligations,” said Zachary Heiden, legal director at the ACLU of Maine, in a phone interview. He noted that the ACLU filed its FOIA requests for information on Feb. 2.

Officials at CBP and DHS did not immediately respond to requests for comment on the suits.

In addition to Portland and San Diego, the suits cover CBP operations in Atlanta, Baltimore, Boston, Chicago, Detroit, Houston, Los Angeles, San Francisco, Seattle, Tucson, Miami and Tampa. One suit filed in Florida covers the two cities in that state.

(Reporting by Scott Malone, editing by G Crosse)

Supreme Court agrees to hear immigrant detention dispute

Supreme Court building

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday agreed to decide whether immigrants detained for more than six months by the U.S. government while deportation proceedings take place are eligible for a hearing in which they can argue for their release.

The decision by the justices to hear a case focusing on the rights of people flagged for deportation comes during a presidential election campaign in which immigration has been a hot topic.

The court agreed to hear an Obama administration appeal of an October 2015 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that upheld a lower-court injunction requiring a hearing after six months of detention.

The long-running class action litigation brought by the American Civil Liberties Union includes some immigrants who were held at the border when seeking illegal entry into the United States and others, including legal permanent residents, who have been convicted of crimes.

If the immigrants were granted a bond hearing, the government would have to show they are flight risks or a danger to the community in order for the detention to continue.

The Justice Department said in court papers that the appeals court decision was “fundamentally wrong” because it dramatically expanded the number of people eligible for hearings and set a high bar for the government to argue that a detainee should not be released.

The ACLU responded in its court papers that the government had exaggerated the impact of the court injunction, which has been in place since 2012 and applies only to immigrants in the Los Angeles area.

Since it has been in effect, there has been “no evidence of adverse effects on immigration enforcement,” the ACLU lawyers said.

The court will hear oral arguments and decide the case during its next term, which starts in October and ends in June 2017.

In one of the biggest cases of its current term, the Supreme Court is due to decide by the end of the month whether to reinstate President Barack Obama’s 2014 executive action to shield millions of immigrants in the country illegally from deportation. The plan was blocked by lower courts.

(Reporting by Lawrence Hurley; Editing by Will Dunham)