In a brief filed with the Supreme Court, Justice Department lawyers said that a three-judge panel from the 9th US Circuit Court of Appeals was wrong to exempt those refugees who have a contractual commitment from resettlement organizations.
In response to a Monday morning emergency request from the Justice Department, Associate Justice Anthony Kennedy agreed to halt the appellate court's ruling "pending receipt of" a response from those suing over the ban, which he said is due Tuesday at noon (1400GMT). After courts blocked the ban, Trump clarified that these clocks would begin ticking as soon as the policy was allowed to go into effect. This holding is quite significant, as any refugee admitted to the United States first obtains such a formal assurance.
What's more, a significant portion of the ban will likely have expired by that date - and the rest before the justices can even rule on the case.
Trump administration lawyers challenged that ruling but not the president's temporary ban on visitors from six mostly Muslim countries. The justices declined to define the required relationships more precisely. Nor can the exclusion of an assured refugee plausibly be thought to "burden' a resettlement agency in the relevant sense", Wall wrote in the request to the Supreme Court for a stay.
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Now with this, those who have family members in the USA or have a job, or are enrolled in American Universities can not be barred from entering the States.
If implemented, Wall argued, the 9th Circuit's orders would result in "precisely the type of uncertainty and confusion that the government has worked diligently to avoid" in its implementation of the order so far.
In July, the justices issued an order that temporarily allowed strict enforcement of the exclusion of refugees.
In June, the Supreme Court partially backed the travel ban but said the administration could not bar people with "a credible claim of a bona fide relationship with a person or entity in the United States".
Under the terms of Trump's order, the 90-day travel ban would end before the arguments even happen - on September 27.