The Supreme Court on Monday revived parts of President Donald Trump's travel ban on people from six Muslim-majority countries. Trump's March 6 order called for a blanket 90-day ban on people from Iran, Libya, Somalia, Sudan, Syria and Yemen and a 120-day ban on all refugees while the government implemented stronger vetting procedures. Chin says the Supreme Court's decision is a partial victory for Hawaii because it allows people such as university students and relatives of US citizens to enter the country.
The court basically said that foreign nationals with no "bona fide relationship" to the United States do not have the same rights and can be barred from entry. Otherwise, the court ruled, "The Government's interests in enforcing (the executive order), and the Executive's authority to do so, are undoubtedly at their peak when there is not a tie between the foreign national and the United States".
In allowing President Trump's revised travel ban to partially take effect, the Supreme Court left key questions unanswered and likely opened the floodgates for additional litigation.
Groups that challenged the ban, including the American Civil Liberties Union, said that most people from the affected countries seeking entry to the United States would have the required connections.
It's unclear what will ultimately constitute a "bona fide relationship", though the ruling suggested that an American job, school enrollment or a close relative could meet that threshold.
This case represents a great test of presidential powers.
The hard job of judging foreigners' claimed connections could land back in the lower courts in Maryland and Hawaii that had originally blocked Trump's travel ban, said Stephen Vladeck, a professor University of Texas School of Law. "The Supreme Court now has a chance to permanently strike it down".
Implementing the ban may cause chaos at airports, experts warn. This includes university students, employees of American companies and family members of American residents.
Those who lack a "bona fide relationship" with a person or entity in the US.
"Courts have repeatedly blocked this indefensible and discriminatory ban".
According to the court, Bona fide relationships may include employees who have accepted a job with a US company and students accepted to a USA university. This means that people from six countries and refugees who have a family, business or other relationships cannot be banned from entering.
Still, Daniel Pierce, an immigration lawyer at Fragomen, Del Rey, Bernsen and Loewy, LLP, wondered: "Is a potential student coming to visit USA colleges covered by the ban?"
The court ordered similar limitations on President Donald Trump's plan to temporarily halt all refugee admissions.
Mayor de Blasio said he was disappointed in the Supreme Court's ruling but held out hope it would issue a favorable decision. The court ordered that the final merits of the case shall be argued before it as the first case when the court convenes its new term in October.