Latest Trump Travel Ban Loses in Appeals Court

by Joy Montgomery December 25, 2017, 12:26
Latest Trump Travel Ban Loses in Appeals Court

The court, which heard oral arguments in the case last month, ruled that Trump exceeded his authority in issuing the September 24 travel ban proclamation.

The challengers of the ban said that it was discriminatory and violated the U.S. Constitution based partly on statements made by the president during the 2016 presidential campaign where he repeatedly called for a ban on Muslims coming into the country.

Trump has defended the ban on immigration from eight countries, six of which are majority Muslim, citing counter terrorism efforts.

The court ruled on Friday that the indefinite suspension of entry of citizens of those countries "constitute nationality discrimination in the issuance of immigrant visas".

"The Executive can not without assent of Congress supplant its statutory scheme with one stroke of a presidential pen", the court said in its ruling.

"The proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act ("INA") vested the president with broad powers to regulate the entry of aliens", the court wrote.

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The D.C. -based appeals court dealt President Donald Trump a set back in trying to put an end to allowing transgender people - who suffer from proportionately higher rates of mental health issues - to enlist in the military, CBS News reported.

"It can not be in the public interest that a portion of this country be made to live in fear", the judges said in an unsigned opinion. The 9th circuit ruling would tighten a restriction introduced by a lower federal court which precluded those "with a credible bona fide relationship with the United States" from being subjected to the ban.

'We continue to believe that the order should be allowed to take effect in its entirety, ' Ehrsam said.

A separate challenge, brought by civil liberties groups, is pending in the 4th Circuit Court of Appeals in Richmond, Virginia, which also heard arguments this month.

Noah Purcell, the solicitor general for the Washington state Attorney General's Office who argued that state's challenge to Trump's first travel ban, was pleased with the 9th Circuit opinion. With respect to the statutory issues, Travel Ban 3.0 is actually more blatantly illegal than its predecessor, as explained by immigration law scholar Peter Margulies (who thought the previous version was within the president's power, in part because of its temporary nature).

Trump's latest order also affects some would-be travelers from two nations with governments sharply at odds with the U.S. North Korea and Venezuela, although those restrictions were not challenged in the suit ruled on Friday.


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