US President Donald Trump’s administration was yesterday due to go before the US Supreme Court to defend the legality of his travel ban targeting people from several Muslim-majority nations, one of the most contentious actions of his presidency.
Trump’s travel ban — the third version of a policy he first sought to implement a week after taking office in January last year — blocks entry into the US of most people from Iran, Libya, Somalia, Syria and Yemen.
Chad was on the list announced in September last year, but Trump removed it on April 10.
The conservative-majority, nine-member court has never heard arguments on the legal merits of the travel ban or any other major Trump immigration policy, including his move to rescind protections for young immigrants, known as Dreamers, taken to the US illegally as children.
It has previously acted on Trump requests to undo lower court orders blocking the two policies, siding with him on the travel ban and opposing him on the Dreamers.
A ruling is due by the end of June.
Hawaii, which argues the travel ban violates federal immigration law and the US constitution’s prohibition on the government favoring one religion over another, is the lead challenger in the case.
The US Supreme Court on Dec. 4 last year signaled that it might lean toward Trump when it voted 7-2 to allow his administration’s request to let the ban go into effect while legal challenges played out.
Trump’s hardline immigration policies include actions against states and cities that protect illegal immigrants, intensified deportation efforts and limits on legal immigration.
Trump has said the travel ban is needed to protect the US from terrorism by Muslim militants.
The challengers have argued the policy was motivated by Trump’s enmity toward Muslims, pressing that point in lower courts with some success by citing statements he made as a candidate and as president.
As a candidate, Trump vowed “a total and complete shutdown of Muslims entering the United States.”
The US Department of Justice argues that Trump’s statements as a candidate carry no weight because he was not yet president.
In defending the ban, the administration has pointed to a waiver provision allowing people from targeted nations to seek entry if they meet certain criteria.
Venezuela and North Korea were also targeted in the travel ban.
Those restrictions were not challenged in court.
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