Trump seems likely to win travel ban case at Supreme Court

Legal Compliance

President Donald Trump appears likely to win his travel ban case at the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy both signaled support for the travel policy in arguments Wednesday at the high court. The ban's challengers almost certainly need one of those two justices if the court is to strike down the ban on travelers from several mostly Muslim countries.

The travel ban case is the court's first comprehensive look at a Trump policy - one of considerable importance to the president and highly controversial since it was first rolled out a week after Trump took office.

Justice Sonia Sotomayor was the most aggressive questioner of Solicitor General Noel Francisco in his defense of the Trump policy, and the three other liberal justices also raised questions about it.

The justices voted in December to allow the policy to take full effect pending their full consideration. Wednesday was the first time they took it up in open court.

The Trump administration is asking the court to reverse lower court rulings that would strike down the ban.

The Supreme Court is considering whether the president can indefinitely keep people out of the country based on nationality. It is also looking at whether the policy is aimed at excluding Muslims from the United States. A decision is expected by late June.

Kennedy challenged lawyer Neal Katyal, representing the policy's opponents, about whether the ban would be unending. He said the policy's call for a report every six months "indicates there'll be a reassessment" from time to time.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.