Trump's Travel Ban Is Legal but Dumb

Ruling Mr Trump

Trump has said that the travel order would go into effect 72 hours after the high court ruling. This restriction could bar students or scholars from these countries from travel to the USA for the next three months unless they hold an American passport or green card, are a dual national (with a second nationality from a non-designated country), have been admitted to study at a US institution, hired to work for a US institution or invited to lecture to an American audience, or otherwise have bona fide connections to a US person or entity.

"When it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the government's compelling need to provide for the nation's security".

Bona fide connections to entities, the court said, must be "formal " and "documented". Relationships that exist only to get around the ban are not acceptable - for example, between refugees and the immigrant-rights groups that reach out to them as potential clients. Trump's decision to freeze travel from certain countries and suspend refugee arrivals could have been within his purview, if he had implemented his order responsibly.

But much remains murky: What exactly is a bona fide relationship?

But that is not the policy Trump actually tried to implement, and relying on his campaign comments to conclude that his executive order is a "Muslim ban" in disguise leads to unusual results.

President Trump responded by launching almost 60 Tomahawk cruise missiles at a Syrian military airfield that US officials said was used for the chemical attack. The 90-day ban on entry by citizens of seven Muslim-majority countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) applied to current visa holders, including people working and studying in the United States, and legal permanent residents, who were barred from returning home after traveling overseas.

How long will the travel ban last?

Supreme Court partially reinstates Trump travel ban, will hear arguments

In January of this year, Trump issued an executive order banning citizens from seven Muslim-majority nations (Iran, Iraq, Syria, Yemen, Libya, Somalia and Sudan) from entering the USA for 90 days.

Those who have been working to stop the order, said they hoped the highest court ultimately agreed with those lower rulings that had said the action was unconstitutional. The context that the court deemed relevant consisted mostly of statements made by Trump or his surrogates before and after the election, including his support for "a total and complete shutdown of Muslims entering the United States".

Trump has since revised his order so it will only affect the issuance of new visas to people in Iran, Libya, Somalia, Sudan, Syria and Yemen. We advise academic institutions to assist scholars and students fleeing unsafe conditions by continuing to admit refugee students and hire refugee scholars, anticipating that visa processing may be possible based on establishing these individuals' "bona fide relationship" with a USA person or entity.

A senior official said plans already had been written to enforce the ban aggressively. It was the first US attack on Syrian forces in the six-year civil war.

The original measure also included Iraq and an indefinite ban on Syrian refugees. Academic institutions should prepare to support faculty, staff and students legally remaining in the United States until more is learned about the treatment of valid visa holders who seek readmission during the period of entry restriction. It's also possible the travel ban case could be moot by the time the Supreme Court is ready to hear it. That kind of question will not be known for sure until the government blocks people from coming and the cases are taken to the courts.

When does it go into effect?

"The underlying issue of presidential power is too important and too likely to occur in the future", he said.

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