Refugee EO Update: The Supreme Court Hands Each Side a Partial Victory

The Supreme Court issued an order yesterday regarding President Trump’s revised Refugee Executive Order (EO) that provided comfort to both the Administration and Hawaii, which has challenged the EO. The Court left in place the portion of Hawaii U.S. District Court Judge Derrick Watson’s injunction barring application of the EO to foreign nationals abroad with U.S. relatives such as grandparents, grandchildren, uncles, aunts, nieces, nephews, and cousins.

The Legal Battle Over Refugee Admissions

The State Department has issued guidance regarding the admission of refugees following the Supreme Court's decision in the Trump Executive Order cases. The guidance includes the narrow interpretation of "bona fide relationship with a person" adopted for the visa ban provision (fiancés are in; grandparents are out).

What does the Supreme Court’s decision on the Trump Executive Order mean for refugees?

 The commentary on the Supreme Court’s decision on the Trump Executive Orders has largely focused on the part of the Orders that imposed the travel ban on six predominantly Muslim countries.  Less noticed has been the paragraphs at the end of the decision that discuss the Orders’ suspension of the refugee program.