Trump's Travel Ban Has Been Blocked - Again
- Author: Carolyn Briggs Jun 13, 2017,
Jun 13, 2017, 21:09
The San Francisco-based 9th U.S. Circuit Court of Appeals on Monday refused to reinstate President Donald Trump's executive order banning travelers from six mostly Muslim countries.
He added: "Recent attacks confirm that the threat to our nation is immediate and real".
The US Court of Appeals for the Ninth Circuit Courthouse in San Francisco where the appeal was heard.
During the campaign, he called Judge Gonzalo Curiel, a sitting federal judge in California who was overseeing a lawsuit against Trump University, a "hater" and a "Mexican", saying his heritage meant he could not impartially oversee the case because of Trump's tough immigration policies.
Then, in March, Trump blasted another federal judge's ruling that blocked a revised version of the travel ban, suggesting it was a politically motivated decision that made the US look "weak".
Trump's earlier January 27 order also included Iraq among the countries targeted and a total ban on refugees from Syria.
The three-judge panel said Trump's March 6 order violated existing immigration law, but did not address whether it was unconstitutional discrimination against Muslims.
The three judge panel acknowledged the president's ability to oversee immigration policy, but noted in their opinion that "immigration, even for the president, is not a one-person show".
They said Mr Trump had failed to show that the entry of people from the six countries mentioned in the ban, as well as the refugees, would be detrimental to USA interests.
The Ninth Circuit did, however, vacate part of the injunction allowing the government to perform review of internal vetting procedures for these travelers.
Gov. David Ige said, "Hawaii made the right decision in challenging a travel ban that had little factual basis and discriminated based strictly on national origin and religion". The new version, created to better withstand legal scrutiny, named six countries instead of seven - Iran, Libya, Somalia, Sudan, Syria and Yemen, with Iraq dropped - and spelled out more of a national security rationale. It was the worst mass shooting in U.S. history.
The Trump administration on June 1 asked the U.S. Supreme Court to block the Hawaii and Richmond rulings and revive the ban.
That ban, an executive order issued by Trump, temporarily blocked refuges and nationals from six majority Muslim nations from coming to the United States and has faced repeated challenges since an initial order was issued in January.
Critics, though, have said the effort is merely an attempt to follow through on a campaign promise for a "Muslim ban". Monday, U.S. Attorney General Jeff Sessions did likewise, saying he was "amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and constitutional power".