By Lydia Wheeler
November 21, 2017
The Trump administration is now asking the Supreme Court to block a Maryland district court order that prohibited President Trump from largely enforcing his latest travel ban.
Solicitor General Noel Francisco filed a request with the court late Tuesday to reinstate all of the president’s new targeted restrictions on immigrants from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia.
If the Fourth Circuit Court of Appeals upholds the district court order, Francisco said the Supreme Court is likely to hear the case as it did the last time the courts barred the president from enforcing entry restrictions on certain foreign nationals in the interest of national security.
The Supreme Court agreed last term to hear the challenges to Trump’s previous 90-day ban on nationals from six-majority Muslim countries, but dismissed the case as moot before arguments in October after the ban expired.
The new targeted restrictions Trump enacted on Sept. 24 after the previous ban expired were blocked last month by federal district court judges in Hawaii and Maryland.
The Maryland order issued by Judge Theodore Chuang was narrower than Hawaii’s in that it carved out an exemption for people with a bona fide relationship with a person or entity in the United States.
Chuang cited Trump’s Sept. 15 tweets calling for a “far larger, tougher” travel ban in issuing the order and said “they cast the Proclamation as the inextricable re-animation of the twice-enjoined Muslim ban.”
The administration, however, is arguing that Chuang “ignored the critical differences between the President’s prior orders and the Proclamation, especially that the latter followed a multi-Department review process and addresses countries that do not currently provide sufficient information to assess the risk that their nationals pose to the United States.”
The Supreme Court has given the plaintiffs in the case, which include the International Refugee Assistance Project and HIAS Inc., until 12 p.m. on Tuesday, Nov. 28 to respond to the request.
The Trump administration is also appealing the Ninth Circuit Court of Appeals’ decision last week to allow the administration to ban immigrants from the eight designated countries that lack a credible claim of a “bona fide” relationship to a person or entity in the U.S. The administration asked the justices late Monday to reinstate the full ban.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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