World News

Supreme Court Will Hear Arguments on Travel Ban 3.0

Supreme Court Will Hear Arguments on Travel Ban 3.0

The Supreme Court is expected to hear the case in the spring and issue its decision in June, despite an already-overcrowded docket of high-profile cases.

In the five years since President Barack Obama created the program, DACA has shielded approximately 800,000 undocumented immigrants who were brought to the United States as children from deportation.

The department announced it would immediately appeal to the Supreme Court Tuesday.

The government just filed a Petition for Writ of Certiorari Before Judgment (full embed at bottom of post)(pdf.) in the Supreme Court seeking pre-judgement review of the federal District Court order preventing the Trump administration from terminating DACA. The 4th U.S. Circuit Court of Appeals in Richmond said the ban "drips with religious intolerance, animus and discrimination".

A previous version of the travel ban was found by multiple courts to violate the Establishment Clause, because it focused exclusively on Muslim-majority countries and because it seemed to codify proposals made by then-candidate Trump to bar Muslims from entering the United States.

This is the third iteration of the so-called travel ban; similar orders from the administration also faced legal challenges, but ultimately ended up expiring or being replaced before SCOTUS could hear those challenges.

More news: Man resembling Pakistani minor's rape-murder suspect arrested

In addition to the questions raised in the Justice Department's brief of whether the case is justiciable (i.e. whether it can even be heard by the courts), whether the proclamation is allowed under federal immigration law, and whether the "global injunction" is too broad, the justices also asked the parties to "brief and argue" a question raised by Hawaii: whether the proclamation violates the Establishment Clause.

The same appeals courts that are evaluating the current policy agreed with the challengers.

In Thursday's filing, the solicitor general said the Supreme Court should bypass the 9th Circuit and take up the case directly. The judges in a 3-0 decision noted Trump's order no longer was portrayed as an urgent, temporary measure that gave time for the new administration to revise the "vetting procedures" for foreign travelers.

"The president has repeatedly explained that the two orders pursue the same aim", Hawaii's brief read.

The third version is permanent, unlike the other two, and the administration said it is the product of a thorough review by several agencies of how other countries' screen their own citizens and share information with the U.S. "The Acting Secretary opted to wind down DACA after reasonably concluding that the policy was likely to be struck down by courts and indeed was unlawful".


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