The Supreme Court Monday decided to add President Donald Trump's appeal to the docket, in which they will hear the arguments for and against travel ban in October after returning from recess. They will judge based on the Constitution and the immigration cases filed in Hawaii and Maryland at that time, from which they will decide the fate of the ban.
In the meantime, the justices have decided to grant certain powers to the ban, overturning some of the parts until they are able to hear the case in October. In their statement, or the per curiam (the court's opinion, not that of an individual justice), they wrote, "An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country as a refugee can legitimately claim concrete hardship if that person is excluded. As to these individuals and entities, we do not disturb the injunction." As for the other parts of the ban, including the vetting of the six majority Muslim countries, they state, "As applied to all other individuals, the provisions may take effect."
This means that if a person from one of the six affected majority-Muslim countries is seeking an immigrant or nonimmigrant visa and has relations with a person in the US, they cannot be denied entry. At the same time, that creates significant issues for government agencies, ensuring a significant backup in visas. This is due to the fact that these agencies must establish that there are valid relations between people applying for visa status and those in the United States.
At the same time, the court stated that section 6(b), the segment that determines the cap on 50,000 refugees entering the U.S., cannot be enforced in the time leading to the hearings in October. This is also the same outcome for section 6(a), which states that the 120 day ban for refugees from anywhere cannot be imposed.
OUR VERDICT: Although this will be the final factor deciding the constitutionality of the travel ban, this per curiam should be seen as a victory for Trump in the recess for the court until October. It is usually the case that the court upholds the bases of the appeals courts, but this gives hope for the Trump Administration. Moreover, this ruling seems even more important, especially since this is the opinion set forth before the recess until October.