Visa suspension: Supreme Court gives Trump much reason

Home"TO THE ONE"Visa suspension: Supreme Court gives Trump much reason
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Before its review on the merits in the fall, the highest US court allows the application of the presidential decree, with one exception.

From our correspondent in Washington

The victory is not quite complete, but it is no less important. Five months after its first publication, the decree of Donald Trump Suspending the issuance of visas to nationals of six Muslim-majority countries will be able to enter into force almost entirely. The legality of the entire presidential order will be examined by the Supreme Court in the autumn - if it is still controversial, its validity is scheduled for 90 days.

Monday, June 26, the highest court of the United States contradicted the arguments of several federal courts that had hitherto prevented its application. Believing that "the interest of preserving national security is an urgent objective of utmost necessity", the majority decision of the Court, not signed by its authors, considers that "to prevent the Government from pursuing this objective by applying (the suspension of visas) to foreign nationals unrelated to the United States would significantly harm our (our) interests without obviously relieving anyone else's hardship. "

Prove a credible relationship with the United States

The Court therefore introduces a single exception, in favor of foreigners "who can credibly claim a good-faith relationship with a person or entity in the United States". The ambiguity of the formula pushes judges to "illustrate the type of relationship" that can benefit from this derogation: for individuals, "a close family relationship is necessary"; for entities, "the relationship must be formal, documented and formed in the normal course" of the activities of the organization concerned. For example, a student admitted to an American university, a worker hired by a company or an expert invited to give a lecture in the United States.

The same decision, with the same derogation, applies to the suspension of the refugee program: "In the case of unrelated refugees (with legally resident persons in the United States), the balance is for the undeniable need for the government to ensure the security of the nation, "said the Court.

A flood of expected trials

The formula does not convince the entire community of jurists, including the nine wise men. A "dissenting opinion", signed by conservative judges Clarence Thomas, Samuel Alito and Neil Gorsuch, is in favor of a full implementation of the decree, arguing that "the remedy may be impractical, imposing on public servants the burden of decide - at the risk of contempt of Court - that has a sufficient connection "with the United States. "The compromise will also invite a flood of lawsuits, until the case is decided on the merits", adds the minority objection. In passing, a comforting signal for Donald Trump: Neil Gorsuch, the judge he just named, supports him on a flagship measure of the beginning of his term.

This is an encouraging success for the White House, who had revised his first decree in March, removing Iraq from the list of targeted countries, failing to target only Syrian refugees and removing the favor given to Christians not to lend themselves to accusations of anti-Muslim discrimination. Donald Trump welcomed this Supreme Court decision as a "victory" for US national security. "As president, I can not let people in our country who want to hurt us," he said in a statement. "The unanimous decision of the Supreme Court is a clear victory for our national security."

Trump announced last week that the decree would come into effect 72 hours after receiving final court approval - Thursday morning, June 29.

Source: © Le Figaro Premium - Suspension of visas: the Supreme Court gives Trump much reason

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