Trump Team Maneuver on Immigration Challenged

Arguing that the Trump Administration is trying to get the Supreme Court to ensure “that every possible refugee is excluded” from the U.S., the state of Hawaii urged the Justices on Tuesday to allow some 24,000 of these foreign nationals to resettle here in coming weeks.

Those are the only refugees seeking to flee to America who now have a formal promise from a refugee-relief agency to be resettled once they arrive, the new filing said.

Even if the court turns down the new plea by the Administration to exclude those, the challengers argued, the government still will have the authority under President Trump’s current “refugee ban” to keep out some 85 percent of all of the refugees worldwide who currently want to enter. That means about 175,000 would still be excluded, and the government even has stopped processing entry requests from almost all of those, the new filing argued. Those 175,000 do not have resettlement assurances.

The only issue before the Justices at this point is the near-term fate of the 24,000 refugees with such assurances, and whether the President’s March 6 executive order can be enforced against them for the next several weeks. The Justices at this point are not dealing with whether the Trump order is valid legally or constitutionally; the court is scheduled to take up that ultimate issue next month, in its new term. The Justices, though still in summer recess, are available to rule on the current dispute over interim enforcement of the Trump order.

Lawyers for Hawaii and others fighting the executive order that seeks to limit immigration of refugees, and also of foreign nationals from six Mideast nations, focused their new brief on the harm that they said would befall the 24,000 refugees, but also the relief agencies that have promised resettlement, if the new government request is granted.

By Lyle Denniston for CONSTITUTIONAL DAILY
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