In doing so, the court rejected the Trump administration's interpretation of the Supreme Court's June decision and rebuffed the administration's ongoing effort to ban individuals from six predominantly Muslim countries.
On Tuesday, the Supreme Court granted the Trump administration's request to block an appeals court from preventing the president's travel ban from disallowing certain refugees to enter the country.
This latest development in the travel ban litigation grew out of the Supreme Court's decision not to allow the travel ban to take effect against individuals with a "bona fide relationship" to a person or entity in the United States. The justices declined to define the required relationships more precisely.
British Soldiers Charged With Terror Offences To Appear In Court
Three men charged with terrorism offenses linked to a banned neo-Nazi group are to appear in court in London on Tuesday. The three men, including two British soldiers, are charged with being members of banned far-right group National Action.
At issue is whether the president can block a group of about 24,000 refugees, who have assurances from sponsors, from entering the United States. The 9th Circuit's ruling "is stayed with respect to refugees covered by a formal assurance, pending further order of this court".
A unanimous three-judge panel of the United States Court of Appeals for the Ninth Circuit, sitting in Seattle, agreed on both points. But the court disagreed, saying it considered the screening processes in place and the "concrete harms" suffered by resettlement agencies if refugees are refused entry to the U.S. Even those refugees with formal assurances from a resettlement agency lack the sort of connection that should exempt them from the ban, the Justice Department argued in its new filing to the Supreme Court. The Ninth Circuit also rejected the government's argument that allowing 24,000 refugees with formal assurances to enter would defeat the objective of the Supreme Court's stay decision, noting that there were another 175,000 refugees now in processing who would still be banned from entry.
Justice Anthony Kennedy issued a brief order Monday that will keep the ruling on hold for the time being, at least until the ban's challengers submit written arguments by midday Tuesday and the full court has a chance to act. If the measure is considered to have taken effect when the Supreme Court allowed partial implementation, the 90 days will have passed by the time the justices hear arguments October 10, and the 120 days are very likely to have passed by the time they issue a decision.