Monday, June 26, 2017

[U] Supremes To Review Muslim Ban 2.0 Cases; Argument In October 2017 Term. Now With Analysis Of Practical Steps To Take...

Well, now we know -- as predicted, the Supremes have taken the two cases, and consolidated them for review, come October. Opinion granting cert., as a 17 page PDF file here. UPDATED: @ 11:30 AM EDT -- After reading the linked 17 pages, of the grant, closely. . . I see five solid votes to strike the Muslim Ban 2.0, certainly in the case of anyone with any specific, articulated connection to a US person or institution. I reiterate: this is no "win" -- at all -- for 45 (despite what Fox may blare, on the tee-vee). [End updated portion.]

The Supremes will allow 45 to conduct his review for vettings -- during the next 90 days; it will also allow the Ban to go into effect, as against any foreign national with no bona fide relationship with a person or entity in the US, from the six countries. Not very surprising, and not necessarily bad -- for the opponents of Muslim Ban 2.0.

From Amy Howe, just now:

. . . .We have action on the travel ban. "We grant the petitions for certiorari and grant the stay applications in part. . . ."

"The clerk is directed to set a briefing schedule that will permit the cases to be heard during the first session of October Term 2017. . . ."

"We grant the Government's applications to stay the injunctions" blocking the implementation of the ban "to the extent the injunctions prevent enforcement of Section 2(c)" -- the provision suspending entry from six countries -- "with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States."

"We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated. . . ."

The court emphasizes that the travel ban affects the challengers who want their relatives to come to the US, as well as -- for example -- the students who want to attend the University of Hawaii. . . .

". . .Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000-person cap has been reached or exceeded. . . ."

More soon -- but I am still very comfortable that my predictions will prove out. Muslim Ban 2.0 falls, and maybe shortly after October 2017 arguments.

Quickly, then -- what a putative immigrant (refugee, or no -- from one of the six countries) needs is a letter, from a verifiable source, that a close familial relative (or employer, or an educational institution) is asking for their admission to the US. That's my take. That should put the putative traveler on safe footing -- at least until October 2017, as they enter (assuming no prior bad acts are in the public record as to this same person). But this is not individualized legal advice, as to any person, or fact pattern, of course. Do see an immigration lawyer about your relative's particular circumstances.


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