Trump's travel ban still doesn't make any sense


U.S. Sen. Jeanne Shaheen, D-NH, said a travel ban against six mostly Muslim nations lacked merit and is "contrary to our nation's core values". The other basic portion of Trump's initiative, which will remain partially blocked, will be the prohibition on USA entry to citizens of Iran, Somalia, Sudan, Syria, Yemen and Libya, although entry will be allowed for people from those countries who have relatives or job contracts in the US.

A stay on the executive order would remain in effect for those directly involved in the lower court challenges to the ban and for those experiencing similar situations to the plaintiffs, such as people with family in the United States or accepted to a USA university. After Trump's original January 27 executive order, several states, including Hawaii, sued in federal court and got it blocked, prompting the administration to craft a new order in March that included changes aimed at allowing the measure to pass muster in the courts. And despite the caveat, the Supreme Court has still set an important precedent for establishing the legal scope of broad presidential powers in controlling the influx of refugees and other migrants into the country in the interest of national security. The Court also stated that an individual with a documented job offer from an American company, a student accepted by an American university or a lecturer invited to address an American audience would presumably qualify as having "a credible claim of a bona fide relationship with a person or entity in the United States". However, the Trump administration appealed to the Supreme Court. The travel ban called for a 90 day suspension of visa approvals to assess the vetting process. "Whether you like it or not, they want to kill Americans", he said.

A partial stay 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.

Take the travel ban for instance. "But in the terms of the other part - any USA entity - what kind of relationships are you going to be showing there and how they will put that into practice is hard to say".

Such a compromise, the justices said, will lead to a "flood of litigation" over what constitutes a "bona fide relationship" before the overall case is resolved after oral arguments in the fall.

The 90-day ban is necessary to allow an internal review of screening procedures for visa applicants from the countries, the administration says.

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The action is a victory for Donald Trump in the biggest legal controversy of his young presidency.

Civil rights and pro-immigration groups have objected to the order as being unconstitutional discrimination against Muslims.

The order was, however, blocked by federal judges before going into effect on March 16 as planned.

Trump's first executive order aimed to block entry of citizens from seven countries and enforce a temporary stop to all refugee arrivals. The U.S. Court of Appeals for the 9th Circuit eventually said the order could not be implemented, frustrating the president, who said he would take the case to the Supreme Court. His native Yemen is one of six predominantly Muslim countries singled out as a national security risk.

After causing widespread disruptions at worldwide airports and protests from Muslims, rights groups and others, the order was challenged and blocked by district courts in Hawaii and Washington. To follow the lower court reasoning, the very same ban could be constitutional if issued by one president and unconstitutional if issued by another.