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Imposed last September by presidential proclamation, the latest version maintains limits to the granting of visas to travelers from five of the seven countries covered by the original executive order on the trip – Iran, Libya , Somalia, Syria and Yemen. It lifts restrictions on visitors to Sudan, and it adds new limits on North Korea and Venezuela.
Chad was part of the proclamation, but was removed from the list in April after the White House declared that it meets the increased requirements for visa security. Iraq figured in the initial travel ban imposed last year but was withdrawn in the second version.
The state of Hawaii, three of its residents, and an American-Muslim group have challenged the new restrictions, and a federal judge has blocked the application. But the Supreme Court lifted the stay last December, and the government has been executing it entirely ever since.
The American Civil Liberties Union said Tuesday that "this is not the first time the court has been wrong".
The Trump administration argued that this version of the travel ban is different because it was imposed only after the administration questioned more than 200 countries for their effectiveness in providing information on the background of visa applicants and their success in the fight against terrorism.
The Justice Ministry has stated that the Constitution and federal laws give the president broad authority to suspend or restrict entry into the country when he believes that this is in the interest of the nation . While the law on immigration does not require the president to make detailed findings before invoking authority, the government said the September proclamation was more detailed than any other ordinance limiting travel.
But Hawaii and the other challengers said the federal law gives the president the power to ban only foreign nationals who share certain characteristics rendering them harmful to the United States.
The ban on traveling was flawed, they said, because it limited the entry of 150 million people who share nothing other than nationality. They also said the proclamation was based on religious animosity, citing frequent promises of Trump, as a candidate and as president, to impose a Muslim ban.
The first travel decree, announced in February 2017, caused chaos at major airports when border authorities refused to admit travelers who were in flight when the rules came into force. He was quickly blocked by the courts.
The application of a second travel ban, issued about a month later, was also suspended by lower court judges. The Supreme Court then allowed enforcement, except for visa applicants with family ties or other relatives with the United States, but the revised version expired before being submitted to the Complete review of the Supreme Court last fall.
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