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Supreme Court allows Trump’s third travel ban as litigation continues in lower courts
The U.S. Supreme Court has allowed President Donald Trump's third directive restricting the entry of nationals from certain countries to go into full effect while lower appeals courts review the president's order.
Trump in September issued restrictions on the entry of nationals from Chad, Yemen, Venezuela, North Korea, Syria, Libya, Iran and Somalia. The restrictions varied by country, and U.S. officials said they would be lifted as the countries provided information needed by the United States to vet potential entrants.
Federal district judges in Maryland and Hawaii prevented the full implementation of the ban after opponents argued that it violated immigration laws against discrimination and protections in the Constitution. Lawyers for the Trump administration appealed both cases, which are now before the Fourth and Ninth circuit courts of appeal.
U.S. Supreme Court justices on Dec. 4 granted a stay on the district judges' orders, pending resolution of the government's appeals.
A White House official said the administration believed its appeals would succeed.
"We are not surprised by today's Supreme Court decision permitting immediate enforcement of the president's proclamation limiting travel from countries presenting heightened risks of terrorism," White House Deputy Press Secretary Hogan Gidley told reporters aboard Air Force One on Dec. 4. "The proclamation is lawful and essential to protecting our homeland. We look forward to presenting a fuller defense of the proclamation as the pending cases work their way through the courts."
Given the U.S. Supreme Court's orders allowing the ban to be implemented while lower courts review the president's actions, we move this promise from Stalled to In the Works.
Our Sources
Politico, Text of Maryland district judge's ruling on Trump's third travel ban, Oct. 17, 2017
Politico, Text of Hawaii district judge's ruling on Trump's third travel ban, Oct. 17, 2017
U.S. Supreme Court, Orders of the Court - Term Year 2017, Miscellaneous order, Miscellaneous order, Dec. 4, 2017
White House, Press Gaggle by Deputy Press Secretary Hogan Gidley en route Washington, D.C., Dec. 4, 2017