The Supreme Court Has Agreed To Rule On Trump's Latest Travel Ban

Henrietta Brewer
January 22, 2018

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.

On January 16, the Department of Justice announced that it had appealed the judge's ruling to the U.S. Court of Appeals for the 9th Circuit.

The federal program offered certain legal rights to 800,000 qualifying immigrants so that they could work or go to school in the United States without fear of deportation.


Noel Francisco said the court should agree to decide the case soon and issue a ruling by the summer.

"The Supreme Court has the power to end a disgraceful chapter in American history, during which President Trump has ignored the Constitution and our fundamental values of religious freedom and fairness", said Richard Katskee, legal director of Americans United for Separation of Church and State, which has participated in various lawsuits challenging the travel ban.

Even if the high court agrees to take up the case, it is unlikely to rule until its next term, which starts in October and runs until June 2019.


President Obama announced the program in 2012 and said it rested on the chief executive's authority to set enforcement policies under the immigration laws. But in each case, federal judges have pointed to another federal law passed years later that prohibits immigration restrictions based exclusively on a person's country of birth.

The travel ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen who want to enter the U.S. It also places limits on travelers from Venezuela and North Korea. "The district court's unprecedented order requires the government to sanction indefinitely an on- going violation of federal law being committed by almost 700,000 aliens-and, indeed, to confer on them affirmative benefits (including work authorization)- pursuant to the DACA policy". The government contends the immigration order is the result of a multi-federal agency review of whether foreign governments provide sufficient information to screen their nationals. The justices did not explain their brief order. The administration has taken a beating in the many challenges to its immigration initiatives, including the three iterations of the "travel ban" applicable to noncitizens from predominantly Muslim countries. Trump's initial travel ban, decreed a week after he took office, triggered chaos out at United States airports, with travelers detained upon arrival, and nationwide protests against a measure seen as discriminatory - though Trump said it aimed to keep out extremists. The Circuit Court held a hearing on that case on December 8, but as of Friday afternoon, there was no decision from that court.


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