Supreme Court Narrows Scope of Injunction

Today, the Supreme Court narrowed the scope of the injunctions against portions of President Trump’s second executive order, commonly referred to as the Travel Ban.   Restrictions now apply only to those individuals who cannot demonstrate a bona fide relationship with a person (id est family) or entity in the United States.  Trump can now implement the second executive order as to those individuals with no ties to the United States until the court hears argument on the merits of the second executive order and issues a ruling.

Section 2 subd. (c) of Trump’s second executive order directs that entry of nationals from six of the seven countries designated in the first executive order—Iran, Libya, Somalia, Sudan, Syria, and Yemen—be “suspended for 90 days from the effective date” of the order.

Section 6 subd. (a) of Trump’s second executive order suspends “decisions on applications for refugee status” and “travel of refugees into the United States under the USRAP” for 120 days following its effective date.

Both the ninth circuit and fourth circuit court upheld broad injunction issued by two courts preventing the administration from implementing Section 2 subd. (c) and Section 6 subd. (a).  Today, the Supreme Court narrowed the injunction relating to these sections.  The Trump administration may now implement the executive order with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States. The injunction will remain in place for potential plaintiffs who have bona fide relationship with a person (id est family) or entity in the United States.

https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf