Immigration Dispute Reaches Supreme Court Again

Taking the constitutional controversy over immigration restrictions back to the Supreme Court , the Trump Administration on Friday night asked the Justices’ permission to keep intact its current policy on foreign nationals and refugees seeking entry. An order by a federal judge in Hawaii relaxing those restrictions should be swiftly overturned, the new document argued.

“At this point, this court’s intervention is both necessary and warranted,” the filing asserted. “Only this court can definitively settle whether the government’s reasonable implementation” of what the Justices had decided on June 26 “is consistent with” that ruling.

The filing laid before the Justices these specific requests:

First, immediately clarify the June 26 decision to make clear that the government can limit entry to the categories it has been using since it started enforcing President Trump’s executive order on June 29. That would limit who among relatives may qualify as part of a family of someone in America they wish to visit, and bar the entry of any refugee whose only claim to a right to enter the U.S. is based on a promise by a refugee relief organization to resettle that person.

Second, if the Justices are not ready to issue that clarification right away, then treat the new filing as a request to review — and then overturn — the order by U.S. District Judge Derrick K. Watson’s relaxation of the Administration’s restrictions on relatives and refugees. That alternative would bypass review by the U.S. Court of Appeals for the Ninth Circuit — the ordinary path for appeal of a district court ruling.

Third, if the Justices are not ready to take on the review themselves, then allow to go forward an already pending appeal that the government has filed in the Ninth Circuit Court.

Fourth, whatever path the Justices lay out for the government challenge to Judge Watson’s order from here on, the Justices should issue an immediate, but temporary delay, of that order until they can act on a separate request for a more enduring postponement while considering where the controversy is to unfold, (In other words, issue an “administrative stay” right now to halt the Watson order, while considering whether to issue a “stay” while review of the Watson order proceeds.)

By Lyle Denniston for Constitution Daily
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