The Strategist

The Supreme US court unlocks Donald Trump’s immigration decree

06/27/2017 - 11:48

The US Supreme Court agreed to consider arguments of Donald Trump’s administration in favor of his immigration order. The latest version of this decree was adopted in March. The paper prohibits entry to the US for residents of six Muslim countries, and suspends reception of refugees. Earlier, several US courts blocked the operation of this decree, finding it illegal. Now the Supreme Court suspended the decisions of these courts, so the decree will be acting up to October.

On Monday, the US Supreme Court partially unlocked the immigration decree of President Donald Trump, thus prompting active discussions in the American society. The court stated that it was ready to listen to the arguments of the presidential administration during the next session in October. In addition, the court has already allowed banning entry of persons from these countries into the United States, with the exception of those who have stable and strong ties with US citizens or US organizations. Thus, this court decision overruled the decisions of lower courts, which previously blocked Trump's decree.

The immigration decree was adopted by the US president in January. The decision resulted in numerous protests. The decree bans citizens of seven Muslim countries - Iran, Iraq, Syria, Sudan, Libya, Somalia and Yemen – from entering the United States. Then, a federal judge in Seattle blocked this decree, also some American courts demanded mandatory publication of lists of persons who were denied entry to the country because of the decree.

In his decision, Donald Trump could be guided by the American Immigration and Nationality Act of 1952. This document grants Head of the state with a right to prohibit entry of foreigners who "damage" the national interests of the United States, and pose a threat to the country's security. In 1965, the US Congress abolished the 1952 law as "discriminatory". Thus, by signing the decree, Donald Trump returned the previous distinction between issue of a visa and actual permission to enter the country.

In March, Trump signed a new immigration decree that extended this ban by 90 days, excluding Iraq from the list. The government also established a 120-day ban on reception of refugees. Appeals courts in San Francisco and Virginia recognized the decree as illegal and blocked its operation. Now the decision of these courts is suspended until consideration of the issue in October.

After Conservative Neil Gorsuch was appointed as a Supreme Court member in April, the ratio of Republicans and Democrats in court become 5 to 4. Three conservative judges, including Mr. Gorsuch, have already stated that they are ready to fully satisfy the presidential administration's request for reinstatement Immigration order.

According to the US immigration and customs police, 41.3 thousand migrants were arrested from the end of January to the end of April 2017, which is almost 40% more than in the same period in 2016. Number of those arrested solely on suspicion that they are illegally in the country grew by more than 150%.


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