The U.S. Supreme Court on Monday decided to allow the Trump administration to enforce portions of its 90-day ban on travelers from six Muslim-majority countries.
The ban on entry by citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen can be enforced “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States,” the court said in its unsigned opinion.
The court, which plans to review the entire policy in October, did uphold the injunction by two lower federal courts on foreigners from the six countries with existing ties to the U.S.
“For individuals, a close familial relationship is required,” the court ruled. “As for entities, the relationship must be formal, documented, and formed in the ordinary course.”
Two federal appeals courts had blocked key portions of Trump’s executive order, which was first issued on Jan. 27 just seven days into his presidency and then revised in March after considerable outcry over its hasty announcement and implementation.
Justice Clarence Thomas, joined by Justice Samuel Alito and newly sworn in Justice Neil Gorsuch, issued a separate partial dissent — calling on the court to stay all of the lower courts’ injunctions against the travel ban.
“Today’s compromise will burden executive officials with the task of deciding — on peril of contempt — whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country,” Thomas wrote.