Travel Ban: Hawaii v. Trump (Supreme Court update)

U.S. Supreme Court Order in Trump v. Int’l Refugee Assistance Project and Trump v. State of Hawaii

On June 26, 2017, the U.S. Supreme Court, in a per curiam opinion, granted certiorari in Trump v. State of Hawaii and Trump v. International Refugee Assistance Project, 2017 WL 2722580 (2017) ordering a consolidated oral argument “during the first session of October Term 2017” (id. At *5). The October term commences on October 2. The Court also partially lifted the restrictions of the preliminary injunction on Executive Order 13780. Under this decision, the travel ban is in effect against “foreign nationals who lack any bona fide relationship with a person or entity in the United States.” Id. At *5-7. The court clarified that “for individuals, a close familial relationship is required. A foreign national who wishes to enter the United States to live with or visit a family member, …clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2. Students from the designated countries who have been admitted to [an American university] have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience.” Id. at *7. The requirement for a “bona fide relationship” extends to refugees. Id. Justice Thomas, with Justices Alito and Gorsuch, wrote separately stating that they would prefer to revive the travel ban in full since “the court’s remedy will prove unworkable.” Id. at *9.