The Department of Justice asked the Supreme Court Monday to stay parts of a lower court's ruling which placed substantial restrictions on the administration's travel ban.
In his filing, acting Solicitor General Jeff Wall said DOJ was only asking for a stay for the lower court ruling as it applies to the refugees.
A 9th Circuit order, due to take effect on Tuesday, would have cleared the way for as many as 24,000 refugees who have "a sponsorship-assurance agreement" with a US -based refugee-resettlement agency, the government said. "Foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States", the Supreme Court held, are not subject to the ban while the Court gives the case a full review on the merits.
The Supreme Court is scheduled to hear arguments October 10 on President Donald Trump's overall travel order, which imposed a 90-day ban on people entering the US from six mostly Muslim countries and a 120-day ban on refugees, to give officials time to assess vetting procedures.
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The top justices of the country will sit for a hearing to discuss if the ban was legal or not.
The Justice Department wants to stay part of the appellate decision that said refugees should be allowed to enter if they have formal assurances from resettlement agencies that they will provide services when the refugees arrive.
The Trump administration said it should not, meaning such refugees would be barred. But the Supreme Court refused to go along with the administration's view that it could keep out grandparents, cousins and some other family members.
Trump administration lawyers told justices on Monday that changing the way it enforces the policy on refugees would allow "admission of refugees who have no connection to the United States independent of the refugee-admission process itself".
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If implemented, Wall argued, the 9th Circuit's orders would result in "precisely the type of uncertainty and confusion that the government has worked diligently to avoid" in its implementation of the order so far.
The 90-day travel ban affects visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen.
The high court on June 26 cleared part of the ban to take effect in the meantime, while saying the USA had to admit at least some people with close relatives in the U.S.
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