The United States (US) Supreme Court said on Monday that the
government could fully enforce a revised ban on travellers from six mainly
Muslim countries pending appeal, backing President Donald Trump in the
year-long battle over the controversial measure.
The court stayed October rulings from two lower courts that
had blocked implementation of the ban on visitors from Chad, Iran, Libya,
Somalia, Syria and Yemen while legal challenges to it continued.
The third version of Trump's travel ban, unveiled in
September, drew immediate challenges in federal appeals courts in Richmond,
Virginia and San Francisco, California.
Plaintiffs argued that the measure targets Muslims in
violation of the US Constitution and did not advance security goals as the
government claimed.
The challengers convinced the lower courts to put implementation
on hold while they and government lawyers fight out the legality of the policy.
But the Trump administration, which says the ban is crucial
to protect US national security and deter terror attacks, secured strong
support from the Supreme Court in a 7-2 vote to let the government move ahead
while the appeals continue.
“We are not surprised by today's Supreme Court decision
permitting immediate enforcement of the President's proclamation limiting
travel from countries presenting heightened risks of terrorism,” the White
House said.
“The proclamation is lawful and essential to protecting our
homeland.We look forward to presenting a fuller defence of the proclamation as
the pending cases work their way through the courts,” it added.
The Council on American-Islamic Relations (CAIR), the
nation's largest Muslim civil rights and advocacy organisation, criticised the
ruling.
“This decision ignores the very real human consequences to
American citizens and their families abroad imposed by President Trump's Muslim
Ban 3.0,” said CAIR National Litigation Director Lena Masri.
The Supreme Court justices said they expect the lower
appeals courts to expedite their decisions, leaving open the possibility that
the policy could return to the Supreme Court in yet another legal challenge to
the White House.
The San Francisco court will hear the case on Wednesday and
the Richmond court on Friday.
Open-ended ban
The ban also covers people from North Korea and a selection
of senior officials from Venezuela, but its main focus is travellers from the
six mainly Muslim countries.
Trump has battled to implement a travel ban since just after
he became president on January 20, after having repeatedly promised during last
year's election campaign to ban all Muslims from entering the US.
Those promises have undermined the administration's argument
in a series of court challenges that its policy is not Muslim-focused but
rather based on security needs.
After Monday's court ruling the Department of Homeland
Security said: “the administration's common sense travel restrictions on
countries that do not meet basic security standards and do not share critical
information with us about terrorists and criminals are designed to defend the
homeland and keep Americans safe.”
The initial ban was to be for 90 days, ostensibly to give
the US and the targeted countries time to implement tougher and more thorough
vetting procedures for visitors.
After rolling court battles, the 90-day ban was finally
allowed in June.
Meanwhile, vetting for US-bound travellers from every
country has intensified.
But when the six-country ban expired in September, the
administration sought to replace it with an open-ended ban, with Chad added to
the list while Sudan was removed, and North Korea and Venezuela appended as
well.
Immigration and civil rights activists maintain it still
essentially targets Muslims, which would violate the US Constitution's
guarantees of religious rights.
When Trump last week retweeted three video clips from an
extremist British group that vilified Muslims, his critics said it supported
the idea that his immigration policies were anti-Muslim.
“President Trump's anti-Muslim prejudice is no secret; he
has repeatedly confirmed it, including just last week on Twitter,” said Omar
Jadwat, director of the Immigrants' Rights Project at the American Civil
Liberties Union.
“It's unfortunate that the full ban can move forward for
now, but this order does not address the merits of our claims. We continue to
stand for freedom, equality, and for those who are unfairly being separated
from their loved ones. “
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