June 26, 2017 (WASHINGTON) The United States Supreme Court gave the Trump administration a partial victory. The decision gives the administration the ability to suspend the refugee program for 120 days, and get further compliance from the six countries affected by the ban. These countries are Lydia, Sudan, Yemen, Somalia, Iran and Syria.
However, it will not exclude those with a clear relationship with the United States.
For individuals, a close familial relation- ship is required. A foreign national who wishes to enter the United States to live with or visit a family member, like Doe’s wife or Dr. Elshikh’s mother-in-law, clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2. The stu- dents from the designated countries who have been admit- ted to the University of Hawaii have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American com- pany or a lecturer invited to address an American audience.
This also means that a non-profit, working in refugee issues, could not establish such a relationship to avoid the exclusions of the order.
The decision also joined both cases as one, that they will hear in full in October of this year.
However, this was not an anonymous decision. Justice Clarence Thomas wrote the disentían, which was joined by justices Neil Gorsuch and Justice Samuel Alito “I agree with the Court that the preliminary injunctions entered in these cases should be stayed, although I would stay them in full.” He added further down in the dissent. “weighing the Government’s interest in preserving national security against the hard- ships caused to respondents by temporary denials of entry into the country, the balance of the equities favors the Government. I would thus grant the Government’s appli- cations for a stay in their entirety.”
He also questions whether the process from the court will be workable. However, this allows family members, employees and students to continue to enter the country, while the refugee program is revised.
The court will hear the case in October.