In a 16-page decision today, the U.S. Supreme Court allowed a version of the Trump travel ban on 6 majority-Muslim countries to go into effect. Here are the important points:
1. The ban will not apply to people who can show a “credible claim of a bona fide relationship with a person or entity in the United States.” For a person, this means a “close familial relationship.” For an entity, this means the relationship is “formal, documented, and formed in the usual course.” Examples would be students at universities or workers for U.S. companies.
2. The same standard applies to refugees. The 120-day ban on refugees goes into effect, but not for people who can meet the standards above.
3. The Supreme Court agreed to hear the full case in October, but it hinted that it may find that the case is “moot” because the 90-day order will have expired by then. If so, they will probably dismiss it.
4. No guidance on how the new standard will be applied, or by whom, so it is likely that it will be done by CBP officers in a case-by-case basis at ports of entry.
Overall, the Supreme Court told both sides, “you can’t always get what what you want, but this is what you need.” But is a 90-day travel ban with subjective exceptions, not related to national security, really what America needs? We will see.
Here’s my Facebook Live video from this morning: https://www.facebook.com/MartinWLesterPA/videos/807808492729213