Tuesday, 22 January, 2019

Who can get around the travel ban?

Alfredo Watts | 28 June, 2017, 03:44

It was indefinitely blocked back in March, but now US President Donald Trump's controversial travel ban is back - in parts.

The nine justices of the high court plan to hear the full case this fall.

In the meantime, the court said it would allow modified versions of the travel and refugee admissions bans to take effect. He added that he can not allow people into our country who want to do us harm. "I want people who can love the United States and all of its citizens, and who will be hard working and productive", Trump added.

The Trump administration said the ban was needed to allow an internal review of the screening procedures for visa applicants from those countries. This means that people from six countries and refugees who have a family, business or other relationships cannot be banned from entering.

But the other six kept blocking it as it applies to those traveling to the USA on employment, student or family immigrant visas as well as other cases where the traveler can show a "bona fide" connection to the U.S. "Courts have repeatedly blocked this indefensible and discriminatory ban. So it's only for those individuals from those six countries that have no pre-existing relationships with the United States whatsoever".

"The only identifiable class anybody has been able to think of are people traveling for the first time as visitors to America, or people who are very occasional visitors to America who decide they are going to come between now and October", he said. But they voiced concern the administration would interpret the ban as broadly as it could.

Nauert pointed out that the U.S.is now close to meeting the 50,000 cap on refugee admissions imposed by the Trump administration and is expected to hit that cap next week.

U.S. President Donald Trump's ban on travel affects people from six predominantly Muslim countries - Iran, Libya, Somalia, Sudan, Syria and Yemen.

But much remains murky: What exactly is a bona fide relationship? Examples provided of the sort of relationship that qualifies include: (a) the foreign national has a close familial relationship and wishes to enter the United States to live with or visit a family member, (b) the foreign national is a student who has been admitted to a USA school, (c) the foreign national accepted an offer of employment from an American company, and (d) the foreign national is a lecturer invited to address an American audience.

Seth Stodder, a former assistant secretary for border, immigration and trade policy at homeland security, said the department was better prepared than in January.

"We will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way", a State Department spokeswoman said.

Even before Trump issued his Executive Orders, it took, on average, close to two years to be vetted and approved for a visa.

The Supreme Court will then decide whether the 90-day ban on people travelling to the United States from Iran, Libya, Somalia, Sudan, Syria and Yemen will be enforced. The executive order states the suspension is necessary to allow the government to implement "adequate standards.to prevent infiltration by foreign terrorists".

The case was Trump's first major challenge at the Supreme Court, where he restored a 5-4 conservative majority with the appointment of Neil Gorsuch, who joined the bench in April.

The Supreme Court's Monday ruling was silent on that question. The second executive order, which Trump has complained was "watered down", was set to go into effect on March 16 for a 90-day review period, but was halted before that could happen.

The State Department says after the 50,000 refugee cap is reached, new people hoping to come to the US may be required to show a "bona fide" relationship with someone or some entity in the United States.

"Today's order will create more confusion, delays, and litigation", says Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School.

White House press secretary Sean Spicer said the list of Supreme Court nominees the Trump campaign released last May and September would play a "strong part" in filling future openings, but wouldn't promise that no new additions will be made to that list if a vacancy becomes available.