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Supreme Court Allows Trump Travel Ban to Take Effect

December 5, 2017 by  
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The Supreme Court’s orders effectively overturned a compromise in place since June, when the court said travelers with connections to the United States could continue to travel here notwithstanding restrictions in an earlier version of the ban.

The orders gave no reasons for the court’s shift. The move did suggest that the administration’s chances of prevailing at the Supreme Court when the justices consider the lawfulness of the latest ban have markedly increased.

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He’s in the U.S.; She’s in Iran: Couples Cope With the Travel Ban

President Trump issued a new order indefinitely barring almost all travel to the United States from seven countries, citing national security threats. We spoke with Iranian and American fiancés separated by the ban.


By NILO TABRIZY on Publish Date September 26, 2017.


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Watch in Times Video »

Attorney General Jeff Sessions called the order “a substantial victory for the safety and security of the American people.” A spokesman for the White House, Hogan Gidley, said, “We are not surprised by today’s Supreme Court decision,” calling it “lawful and essential to protecting our homeland.”

The American Civil Liberties Union, which represents people and groups challenging the ban, said it would continue to argue against the ban as challenges against it in lower appeals courts proceed.

“President Trump’s anti-Muslim prejudice is no secret — he has repeatedly confirmed it, including just last week on Twitter,” said Omar Jadwat, director of the A.C.L.U.’s Immigrants’ Rights Project. “It’s unfortunate that the full ban can move forward for now, but this order does not address the merits of our claims.”

In a pair of filings in the Supreme Court, Solicitor General Noel J. Francisco said Mr. Trump had acted under his broad constitutional and statutory authority to control immigration when he issued a new proclamation in September announcing the new travel restrictions.

Mr. Francisco wrote that the process leading to the proclamation was more deliberate than those that had led to earlier bans, issued in January and March. Those orders were temporary measures, he wrote, while the proclamation was the product of extensive study and deliberation.

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Lawyers with the A.C.L.U. told the justices that little had changed. “The proclamation is the third order the president has signed this year banning more than 100 million individuals from Muslim-majority nations from coming to the United States,” they wrote.

In October, federal judges in Maryland and Hawaii blocked major parts of the latest ban while legal challenges proceed.

“A nationality-based travel ban against eight nations consisting of over 150 million people is unprecedented,” wrote Judge Theodore D. Chuang of the Federal District Court in Maryland. Citing statements from Mr. Trump, some made as a presidential candidate and some more recent, Judge Chuang found that the new proclamation was tainted by religious animus and most likely violated the Constitution’s prohibition of government establishment of religion.

Similarly, Judge Derrick K. Watson of the Federal District Court in Honolulu found that the September proclamation “suffers from precisely the same maladies as its predecessor,” adding that it “plainly discriminates based on nationality” in violation of federal law “and the founding principles of this nation.”

The administration has appealed both decisions to federal appeals courts in Seattle and Richmond, Va. Arguments in those appeals are scheduled for this week.

Judge Chuang limited his injunction to exclude people without “a credible claim of a bona fide relationship with a person or entity in the United States,” quoting from a Supreme Court order issued in June concerning the second travel ban. Judge Watson did not impose such a limitation, but an appeals court modified his injunction, also quoting the Supreme Court’s language.

Lawyers for Hawaii, which is challenging the ban, told the justices that there was no reason to make changes now.

“Less than six months ago, this court considered and rejected a stay request indistinguishable from the one the government now presses,” they wrote. “But the justification for that dramatic relief has only weakened. In place of a temporary ban on entry, the president has imposed an indefinite one, deepening and prolonging the harms a stay would inflict.”

Mr. Francisco asked the justices to allow every part of the third ban to go into effect. The second version of the travel ban, he wrote, “involved temporary procedures before the review was conducted and in the absence of a presidential determination concerning the adequacy of foreign governments’ information-sharing and identity-management practices.”

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“Now that the review has been completed and identified ongoing deficiencies in the information needed to assess nationals of particular countries,” he wrote, “additional restrictions are needed.”


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Jerusalem: Turkey warns Trump against crossing ‘red line’

December 5, 2017 by  
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The Israeli flag flutters in front of the Dome of the Rock mosque and the city of Jerusalem, on December 1, 2017.Image copyright
AFP

Image caption

Israel sees Jerusalem as its indivisible capital; Palestinians claim East Jerusalem as the capital of a future state

Turkey’s president has warned it could sever ties with Israel if the US recognises Jerusalem as its capital.

Recep Tayyip Erdogan said such a move would cross a “red line” for Muslims.

A growing number of countries have urged Donald Trump not to make his anticipated announcement.

Reports say the president will dramatically shift the US position on the status of Jerusalem this week. Its fate is one of the thorniest issues between Israel and the Palestinians.

“Mr Trump! Jerusalem is a red line for Muslims,” Mr Erdogan said in a televised speech on Tuesday.

“We could go as far as cutting diplomatic ties with Israel over the issue.”

Donald Trump missed a deadline on Monday to sign a waiver which would postpone moving the US embassy from Tel Aviv to Jerusalem, a campaign pledge he has delayed fulfilling.

If Washington recognises Jerusalem as Israel’s capital, it would be the first country to do so since the foundation of the state in 1948. Israel has always regarded it as its capital city, while the Palestinians claim East Jerusalem as the capital of a future Palestinian state.

Turkey and Israel restored diplomatic relations last year, six years after Turkey severed ties in protest at the killing of nine pro-Palestinian Turkish activists in clashes with Israeli commandos on board a ship trying to break Israel’s naval blockade of Gaza.

What is so contentious about Jerusalem’s status?

The status of Jerusalem goes to the heart of Israel’s conflict with the Palestinians, who are backed by the rest of the Arab and wider Islamic world.

The city is home to key religious sites sacred to Judaism, Islam and Christianity, especially in East Jerusalem.

Israel occupied the sector, previously occupied by Jordan, in the 1967 Middle East war and regards the entire city as its indivisible capital.

The Palestinians claim East Jerusalem as the capital of a future state, and according to 1993 Israel-Palestinian peace accords, its final status is meant to be discussed in the latter stages of peace talks.

Israeli sovereignty over Jerusalem has never been recognised internationally, and all countries, including Israel’s closest ally the US, maintain their embassies in Tel Aviv.

Since 1967, Israel has built a dozen settlements, home to about 200,000 Jews, in East Jerusalem. These are considered illegal under international law, though Israel disputes this.

If the US recognises Jerusalem as Israel’s capital, it will put it out-of-step with the rest of the international community and reinforce Israel’s position that settlements in the east are valid Israeli communities.

What has been the international reaction?

French President Emmanuel Macron told Donald Trump he is “concerned” the US leader could unilaterally recognise Jerusalem as Israel’s capital, saying any decision on its status must be “within the framework of negotiations between Israelis and Palestinians”.

The European Union, part of the so-called Middle East Quartet of mediators which includes the US, the UN and Russia, warned of “serious repercussions on public opinion in large parts of the world”.

Arab League chief Ahmed Aboul Gheit warned it would be “a dangerous measure that would have repercussions”.

Saudi Arabia said such a move before a final settlement in the Israeli-Palestinian conflict would “have a detrimental impact on the peace process”.

Palestinian President Mahmoud Abbas has urged world leaders to intervene, saying “such a US decision would destroy the peace process”.

Jordan, custodian of Islamic sites in Jerusalem, has warned of “grave consequences”.

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