The move is a partial victory for the Trump administration, and marks the first time the high court has weighed in on the issue.
Supreme Court justices this week ruled a stay on President Trump's ban on travel from six majority-Muslim countries should be lifted, with one important caveat - those who can prove they have so-called "bona fide", or genuine connections to entities or people in the US can be granted entry.
The Trump administration expects to launch a limited version of its travel ban on six mostly Muslim countries on Thursday, but has yet to say how it will be implemented or what it will do to avoid the chaos that accompanied the initial ban.
But as president, Donald Trump still has the right to put in place immigration policies in the name of national security, as long as he doesn't unfairly burden those with a right and a reason to be here.
WASHINGTON (AP) The Supreme Court's decision to partially reinstate President Donald Trump's temporary travel ban has left the effort to keep some foreigners out of the United States in a murky middle ground, with unanswered questions and possibly more litigation ahead. Thus, it lifted the ban in so as far it applies to those individuals without a "bona fide relationship to a person or entity within the U.S". The court said a "close familial relationship is required".
Trump has since revised his order so it will only affect the issuance of new visas to people in Iran, Libya, Somalia, Sudan, Syria and Yemen. It will hear oral arguments on the case this fall. None of the perpetrators of the 9/11 attacks and attacks there after came from the six countries in Trump's ban. Opponents reject that and argue it's a backdoor way to bar Muslims from entering the United States, as Trump promised in his campaign. "Today's ruling allows me to use an important tool for protecting our Nation's homeland", Trump said in his statement. The San Francisco-based 9th U.S. Circuit Court of Appeals said the ban does not comply with federal immigration law, including a prohibition on nationality-based discrimination.
The official who described the plans was not authorized to discuss them publicly by name and spoke on condition of anonymity.
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The exemption applies to those who have close relatives in America; students who have been accepted for study at US universities, and employees of USA businesses.
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.
Like the fate of would-be tourists and scholars, the immediate future for refugees is murky.
Trump's temporary halt on the United States refugee programme will also be allowed to go partially into effect, but refugees with connections to relatives in the USA will still be allowed, the court said.
A broad interpretation, for example, could allow for a contract or reservation with a rental auto agency or hotel in the United States to be considered legitimate relationship, the officials said.
"In theory, you could say if somebody is coming for tourism and has made a reservation for a hotel, there's now a U.S. interest in bringing them to the United States". People looking for travel visas or refuge without US connections will not be granted entry. Orders the courts insisted violated the Constitution's establishment clause because the ban showed hostility toward a specific religion, but orders the administration insisted were necessary to make the country safe from terrorism.
The conclusion of that review could mean increased vetting: for example, not just asking travelers for their social media profiles, but also their passwords or other data, Meyer said. "It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective". Find her work at http://apne.ws/2svihLQ. "As it is imperative that the traveling public maintain confidence in an industry so vital to our nation's economy, we ask that the Administration set clear implementation guidelines in the interim so uncertainty, and the travel disruptions likely to result, are kept to an absolute minimum".