High Court Agrees To Review Trump's Travel Ban

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The Court's agreement to hear the government's new appeal came one day before the first anniversary of the Trump presidency.

In other Supreme Court news, Trump submitted a petition Friday for the justices to review his administration's termination of Deferred Action for Childhood Arrivals.

The Supreme Court, which is tackling a series of consequential cases during its current term, signaled on December 4 it was likely to uphold the policy.

The petition is highly unusual, as the government bypassed the 9th U.S. Circuit Court of Appeals and asked the justices to hear the case in the near future - but the administration argues that the move is justifiable, as the lower court order "requires the government to sanction indefinitely an ongoing violation of federal law being committed by almost 700,000 aliens".

The U.S. Justice Department said on Thursday it had asked the Supreme Court to overturn a lower court ruling last week that blocked President Donald Trump's move to end a program that protects hundreds of thousands of immigrants brought to the United States illegally as children.

The case is to be argued in April, with a decision expected by June. In granting cert, the Court specifically asked the parties to address the question of whether the Executive Order, which restricts immigration from certain countries, violates the Establishment Clause.

In 2017, justices allowed the complete travel ban to go into effect that was issued in September pending appeal.

In June, after federal appeals courts struck down the travel ban, the justices said citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen without close ties to the USA while vetting procedures were reviewed.

The most recent travel ban includes six Muslim-majority countries: Chad, Iran, Libya, Somalia, Syria and Yemen, as well as two non-Muslim majority nations: North Korea and Venezuela. Hawaii has argued that the ban also discriminates on the basis of religion.

The latest ban was introduced on September 24 after what Francisco called an "extensive, worldwide review" to determine which foreign governments provide information required by the United States to vet those seeking entry.

Hawaii, represented by Hogan Lovells partner Neal Katyal, countered, "No prior president has attempted to implement a policy that so baldly exceeds the statutory limits on the President's power to exclude, or so nakedly violates Congress's bar on nationality-based discrimination in the issuance of immigrant visas".

Court challenges have seized upon Trump's repeated comments against Muslims, starting with his campaign vow to ban them from entering the country, to make the case that they were the intended target. Furthermore, the President has repeatedly explained that the two orders pursue the same aim.

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