Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have denied the administration's request to allow the latest ban to go into effect. "We are not surprised by today's Supreme Court decision permitting immediate enforcement of the President's proclamation limiting travel from countries presenting heightened risks of terrorism", the White House said.
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".
In a statement, Attorney General Jeff Sessions called the Supreme Court's action "a substantial victory for the safety and security of the American people".
In a major triumph for US President Donald Trump, the Supreme Court has backed his controversial travel ban targeting people from six Muslim-majority countries, asserting that its immediate enforcement can go into full effect pending appeal. "The Constitution gives the President the responsibility and power to protect this country from all threats foreign and domestic, and this order remains vital to accomplishing those goals".
President Trump's September 24 proclamation placed updated restrictions of varying severity on foreign nationals from eight countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.
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But lawyers for the Trump administration argued that those restrictions were "dangerously flawed".
The restrictions vary in their details, but in most cases, citizens of the countries will be unable to emigrate to the United States permanently and many will be barred from working, studying or vacationing here.
Hawaii's attorney, Neal Katyal, said in court papers "it is hard to conceive of a more flagrant example of discrimination because of nationality".
While the third travel ban had been partially blocked by courts in Hawaii and Maryland, the Supreme Court on Monday stepped in and lifted those orders pending the outcome of legal challenges in the 9th and 4th Circuit appeals courts.
He said the fact that these "particular plaintiffs have now been reunited with their loved ones - or some of their loved ones - thanks to the preliminary injunction underscores how imminent the proclamation's threatened injuries are and how crucial the injunction in this case is for the plaintiffs and others similarly situated". It is yet to comment on the merits of the lawsuit filed against the Trump travel ban.
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The language is drawn from a Supreme Court decision last June that exempted such foreign nationals from Trump's second version of the executive order, which expired this fall.
The court did not issue an opinion with the order, but usually the justices do not intervene in pending cases unless they believe the lower courts have gone wrong.
The San Francisco-based 9th US Circuit Court of Appeals will hear arguments on the merits of Hawaii's challenge on Wednesday in Seattle.
Both courts are dealing with the issue on an accelerated basis, and the Supreme Court noted it expects those courts to reach decisions "with appropriate dispatch".
Nasher said she hasn't given up on the idea that in America her family will have all the rights they're entitled to under the constitution.
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"The frontline personnel of the Department are committed to protecting the USA from threats across the globe", he said in a statement.