Allows the Trump Administration’s Travel Ban to Go Into Effect While Legal
On Dec. 4, a divided
Supreme Court allowed President Donald Trump’s Sept. 24 proclamation, commonly known as the
travel ban, to take full effect while legal challenges in the U.S. Court of
Appeals for the Fourth Circuit and the U.S. Court of Appeals for the Ninth Circuit
move forward on the merits. The two brief court orders (found here and here) indicated that Justices
Ruth Bader Ginsburg and Sonia Sotomayor would have denied the government’s
request for a stay of the two district court preliminary injunctions against
the Sept. 24 proclamation.
The Trump Administration
will now be able to limit entry into the U.S. by foreign nationals from eight
countries: Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea and certain
officials from Venezuela, even if they have a relationship with a U.S.-based
person or institution. The order effectively supersedes a compromise the
justices reached in June, when they allowed an
earlier version of the ban to take partial effect but exempted people with
“bona fide” U.S. connections.
ADEA will continue to
monitor developments as legal challenges to the travel ban are heard in both
appeals courts. The U.S. Court of Appeals for the Ninth Circuit, based in San
Francisco, held a hearing in Seattle, WA, on Dec. 6.
The U.S. Court of Appeals for the Fourth Circuit, based in Richmond, VA, held a
hearing on Dec. 8.
See the December 2017 issue of the ADEA Washington Update for more
information on the travel ban.