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Supreme Court order allows enforcement of travel ban against refugees

[JURIST] US Supreme Court [official website] Justice Anthony Kennedy issued an order [text, PDF] Monday staying a lower court ruling, allowing enforcement of the Trump administration travel ban against refugees.

The Justice Department had filed an emergency application [text, PDF] to block a Ninth Circuit decision [opinion, PDF] that would have exempted refugees from the ban.

The Ninth Circuit weighed in on what constitutes a bona fide relationship, in accordance with a previous Supreme Court order in relation to the travel ban. The appeals court ruled that those who have a relationship with a resettlement agency should be exempt from the court order, dealing a blow to the defined terms that the administration have been seeking. The Ninth Circuit decision was set to go into effect Tuesday if the Supreme Court had not acted.

The Supreme Court has already ruled on certain aspects of the executive order, including affirming part of a decision from the Ninth Circuit in July, which exempts [JURIST report] grandparents from the travel ban.

The Supreme Court is set to hear arguments from both sides, having decided to take the 9th Circuit case [SCOTUSblog materials] on appeal in the upcoming session. Oral arguments are set for October 10.

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