NBC’S veteran Legal Reporter Pete Williams (one of my all-time favorites) reports:
“WASHINGTON — The White House could issue new requirements this weekend for travelers entering the United States, replacing President Donald Trump’s controversial ban on visitors from six Muslim countries, administration officials tell NBC News.
The announcement, expected by Sunday, will supersede the 90-day travel ban on issuing visas to visitors from Iran, Libya, Somalia, Sudan, Syria, and Yemen, which expires Sunday.
The new restrictions will be based on a Homeland Security and State Department review of the kinds of information that must be provided about visitors and immigrants hoping to enter the U.S. The new guidelines are aimed at preventing terrorists and other security threats from entering the country, officials said.
Following the review, the State Department asked U.S. diplomats around the world to gather the information from foreign governments, warning that visitors will be eligible to enter the country only after the requests are fulfilled.
Once those responses came back, Homeland Security and State Departments reported to the White House on which countries agreed to provide the required information and conform to US requirements, and which did not.
Based on that report, the White House is expected to announce the new restrictions, probably in the form of a presidential proclamation, administration officials said. For many countries on the list, visas will be restricted, meaning that only specified categories of travelers can get them.
Any country that flunks the test can get itself off the list by agreeing to conform to the US requirements, which include issuing electronic passports with a photo, regularly reporting passport thefts, and notifying the US of suspected terrorists. Plus countries must also “take measures to ensure that they are not and do not have the potential to become a terrorist safe haven.”
The original White House order, imposed in January, caused chaos in some of the nation’s airports as customs officials were left to interpret the meaning of the surprise order. After it was struck down in court, a revised order was issued in March.
The executive orders have faced a litany of legal challenges. The Supreme Court ruled in June that parts of the current travel ban could be enforced until the court hears argument, on October 10, about whether the president had authority to impose it in the first place.
Lawyers tell NBC News they are unsure what this latest move could mean for the case.”
I think this action by the Administration is likely to “moot out” the case currently pending before the Supreme Court. That seems to be the result the Court was “hinting at” when it issued its partial stay earlier this summer.