SUPREME COURT TO HEAR APPEAL ON IMMIGRATION EXECUTIVE ORDER
July 5, 2017
On June 26, 2017, the U.S. Supreme Court decided to hear a seminal case involving President Trump’s second executive order on immigration. The executive order, which bars entry of certain foreign nationals into the United States from six designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) for a period of 90 days, was challenged in court almost immediately after it was announced and two federal appeals courts blocked critical parts of the order. In deciding to review the case, a divided Supreme Court ultimately stayed portions of the lower court injunctions that prevented any elements of the ban from coming into effect. The Supreme Court’s decision is narrow, and only allows the ban to remain in place for individuals who do not have “a credible claim of a bona fide relationship with a person or entity in the United States.” How this standard will be interpreted or enforced remains to be seen.
The President has argued that the restrictions are necessary for national security, and during oral argument, which is expected to take place in October 2017, the Court will consider the president’s power to set national security priorities against the inherent need to protect individuals from discrimination based on their religion or national origin.
The Court’s opinion can be found here: https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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