June 26, 2017

Fact Sheet: The Supreme Court Lifts Freeze on Trump’s Muslim Ban

Moments ago, the Supreme Court lifted the freeze on some key provisions of the Muslim ban executive order. This could affect you or your loved ones. Please see the following Fact Sheet for key information about the Supreme Court’s ruling.

  • The freeze on Section 2(c) of the second executive order (EO-2), often referred to as the travel ban on six Muslim-majority countries, has been lifted by the Supreme Court in cases where the foreign national has “no connection to the United States at all.”

  • Today’s decision does not affect Green Card holders or dual citizens.
  • The Supreme Court has ordered that the travel ban cannot be enforced against foreign nationals who have a “bona fide relationship with a person or entity in the United States.”
  • A foreign national must show a “credible claim of a bona fide relationship with a person or entity in the United States.” The Court, however, did not provide guidance on what criteria will guide credibility, and who will be responsible for making these credibility determinations.
  • The relationship, however, must be “formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2.”

    • The Court provided an example of “students from the designated countries who have been admitted to the University of Hawaii,” as well as “a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience.”
  • The Court said that a “nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to a client list, and then secure their entry by claiming injury from their exclusion.” In other words, groups cannot disingenuously claim a foreign national as a member just to avoid EO-2.
  • Similarly with respect to refugees, an American individual or entity that has a “bona fide relationship” with a refugee seeking to enter the U.S. will be able to claim a concrete hardship and allow entry for the refugee seeking asylum.
  • Officials like Customs and Border Patrol officers will be tasked with deciding which individuals from the Muslim majority countries have sufficient “bona fide” connections with the United States or whether the relationship was formed just to avoid EO-2.
  • Justice Clarence Thomas, with Justices Alito and Gorsuch joining in agreement, stated that it is the Court’s “implicit conclusion that the [Trump administration] has made a strong showing that it is likely to succeed” and that the Muslim ban will inevitably be allowed to fully move forward after the eventual decision of the Supreme Court.

Visit niacaction.org/stoptrumpsban now to contact Congress!

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