Trump administration appeals to Supreme Court on refugee ban

Kristopher Drake
September 12, 2017

Kennedy granted a request from Trump administration lawyers Monday and temporarily blocked a 9th Circuit Court order that would have allowed more refugees to enter this country from six majority-Muslim nations.

Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed "pending receipt" of their response.

The moves over the scope of the injunction against Trump's travel and refugee bans have taken place even as the 90-day ban on travel from six Muslim-majority nations and 120-day halt to the refugee program took effect - with exemptions, under a Supreme Court order, for those with a "credible claim of a bona fide relationship" to a United States person or entity. Last week, the 9th Circuit said that grandparents are close relatives and therefore - according to an earlier Supreme Court order - may not be denied entry under the disputed travel ban. That was a strong hint - a hint that the Ninth Circuit did not take - that there were five members of the Supreme Court who were unlikely to agree with the order benefiting refugees.

After courts blocked the ban, Mr. Trump clarified that these clocks would begin ticking as soon as the policy was allowed to go into effect.


In its filing Monday, however, the Justice Department gave in on another challenge to the travel ban over its narrow interpretation of "bona fide relationship" when determining exceptions for refugee family members.

The measure was supposed to have been temporary - lasting 90 days for citizens of the six affected countries, and 120 days for refugees. The district court also found that "grandparents, grandchildren, brothers-in-law, sisters-in- law, aunts, uncles, nieces, nephews, and cousins of persons in the United States" count as "close familial relationships" exempted from the travel ban.

The arguments hinged on a stipulation in the travel ban that refugees in the pipeline can only be accepted if they have a "bona fide relationship" with a USA individual or entity.

Other reports by Ligue1talk

Discuss This Article

FOLLOW OUR NEWSPAPER