The Supreme Court’s decision to partially reinstate President Donald Trump’s temporary travel ban has left the effort to keep some foreigners out of the United States in a murky middle ground, with unanswered questions and possibly more litigation ahead.
The justices ruled on Monday in an unsigned opinion they would hold a full hearing on the case in October. In the meantime, the administration can bar travelers from six majority-Muslim countries from the US if they don’t have a “credible claim of a bona fide relationship” with someone or some entity in the country.
It’s unclear what will ultimately constitute a “bona fide relationship,” though the ruling suggested that an American job, school enrolment or a close relative could meet that threshold. Equally unclear is how many foreigners will be affected from the six countries: Syria, Sudan, Iran, Yemen, libya and Somalia.
The ruling was seen as at least a partial victory for Trump in the biggest court case of his presidency. Trump claims the temporary ban is needed to prevent terrorist attacks. Opponents reject that and argue it’s a backdoor way to bar Muslims from entering the United States, as Trump promised in his campaign.
The early indications are that the administration will use the decision to take a tough line on travelers from those countries. A senior US official familiar with the situation said the Trump administration has plans in place to relaunch the stalled ban and tourists will be among those kept out.