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Travel ban returns: What happens now, and who can come to America?

27 June 2017

The Supreme Court of the United States on Monday partially lifted an injunction against the travel bans issued by President Donald Trump.

However, he noted that visa-seekers and visa-holders could face problems at airports - where there don't have access to legal counsel - if the Trump administration tries to implement a broader interpretation of the travel ban than what was provided by the Supreme Court.

That's because Trump's order only sought to halt travelers from the six countries for 90 days, to give the administration time to review the screening procedures for those visa applicants.

"Today's compromise will burden executive officials with the task of deciding — on peril of contempt — whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country", Thomas wrote.

In other words - immigrants like Aldafari's father. That court also put a hold on separate aspects of the policy that would keep all refugees out of the United States for 120 days and cut by more than half, from 110,000 to 50,000, the cap on refugees in the current government spending year that ends September 30.

The Supreme Court agreed to decide the legality of Trump order in its next term, which begins in October.

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Chin, who acknowledged the national security and presidential power arguments, said it was "premature" for Trump to declare victory.

As I've repeatedly said, this is not the law and can not be the law.

The New York Immigration Coalition, another fierce opponent, said the ruling created more confusion by referring to "bona fide relationship" which "agencies and individuals will struggle to make sense of". The decision, Cole told me, amounted to a "statesman-like attempt to avoid telegraphing how the Court would rule on the merits".

Trump issued the order amid rising worldwide concern about attacks carried out by Islamist militants like those in Paris, London, Brussels, Berlin and other cities.

"It's just like a green light to the government to do what it wants to do", said Kiyanoush Razaghi, a Maryland-based immigration attorney who deals with primarily Iranian clients.

Leon Fresco, deputy assistant attorney general for the Office of Immigration Litigation in President Barack Obama's Justice Department, said the effect would seem to be limited to two types of visa seekers who don't have family or other US ties: those seeking to come to the visitors, or those seeking to enter via a lottery process meant for people from countries with historically low rates of immigration to the U.S.

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Hawaii Attorney General Douglas Chin, who successfully challenged the ban in lower courts, said that students from affected countries due to attend the University of Hawaii would still be able to do so. "The Supreme Court ruling today keeps that stigma", she said. "Especially since the lower courts had blocked it and the Supreme Court is letting it go into force so he's likely to claim this as a victory". Regional federal appeals courts in Virginia and California both upheld district judge injunctions blocking the order.

"Again - well, remember, the - they're looking at the totality of it", Spicer said. After that, the Administration will, in theory, reassess its policies.

Airports may be less likely to see the same sorts of demonstrations given the advance warning, that those with prior permission to enter are not affected and the months people have had to reach the USA since the first ban was blocked.

Every term offers what one former Supreme Court nominee called an "intellectual feast" of cases, which may be a reason it's so hard to leave the court. Advocates nonetheless said they would deploy people to watch for potential abuses.

There are a few criteria they also consider including if there are disagreements between lower courts or if they believe there was an error with a lower court's ruling.

That was in contrast to his thunderous Twitter offerings when courts disagreed with him.

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"I fear that the Court's remedy will prove unworkable", Thomas wrote.