For passport holders from the six countries on the president’s travel ban list, unless they hold a direct connection to the United States, they aren’t getting in.
The Supreme Court on Monday struck down, in a unanimous decision, lower courts’ blanket stay on President Trump’s travel ban but kept the stay for passport holders of the six countries included who have a clear connection to the United States.
Previous courts had ruled that until the constitutionality of the executive order could be determined, the ban would not got into effect. However, the Supreme Court ruled that the blanket stay on the travel ban ran contrary to the duty of the executive branch.
“The interest in preserving national security is ‘an urgent objective of the highest order,'” the Court wrote, citing the 2010 Holder v. Humanitarian Law Project decision.
However, the Court upheld a stay on the ban for those with a clear connection to the United States. “[The executive order] may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States,” it said.
“All other foreign nationals are subject to the provisions of [the executive order].”
These provisions will stay in place until the Supreme Court hears constitutional arguments for and against the travel ban and decides on the constitutionality of the executive order, making this a temporary solution. The court is expected to hear argument on the case in October.
The decision is a clear win for President Trump, who has seen his executive order tied up in federal court since its introduction in March. Various federal courts have issued stays on the entire ban until its constitutionality could be determined.
But the Supreme Court’s decision marks the first time the executive order will go into effect, at least in part.
President Trump’s statement following the ruling indicated a victorious feeling at the White House. “Today’s unanimous Supreme Court decision is a clear victory for our national security,” Trump said. “As president, I cannot allow people into our country who want to do us harm.”
Trump made sure to emphasize the unanimous nature of the decision.
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