9th Circuit Court of Appeals refuses to reinstate Trump's travel ban

A U.S. appeals court had upheld a decision to block Donald Trump's travel ban, which targets people from six Muslim majority countries.

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".

The Ninth Circuit Court ruled only that Trump had failed to fulfill requirements under immigration laws that govern when the president may stop entry of foreign nationals into the country.

US President Donald Trump on Tuesday criticized a federal appeals court one day after it handed him another legal setback by refusing to revive his US travel ban on people from six Muslim-majority nations, and appeared poised for the nation's top court to weigh in.

In their ruling, the three judges referenced the questionable language in one of the president's latest tweets, which was sent on June 5: "That's right, we need a TRAVEL BAN for certain risky countries, not some politically correct term that won't help us protect our people!"

The administration has asked the Supreme Court to immediately reinstate the ban on travelers.

The ruling by the 9th Circuit was both logistically and symbolically important - keeping in place the broadest blockade on Trump's order and creating new legal and practical paths for the directive to die. But instituting some kind of travel ban isn't any kind of answer, and thanks to the courts, it's not passing constitutional muster, either. "That is why the Department of Justice will continue to seek further review by the Supreme Court". A provision of the Immigration and Nationality Act passed in 1952 gives the President the ability to exclude certain classes of foreigners if he makes a finding that their entry would be "detrimental" to the United States; another provision, passed in 1965, says that national origin itself can not be a basis for discrimination in the issuance of immigrant visas.




Monday's decision in San Francisco was the second against Trump's attempts to curb travel from Iran, Sudan, Somalia, Yemen, Syria and Libya.

The 9th Circuit Court of Appeals, in upholding a block on the travel ban, argued that the White House did not provide a valid reason for barring travelers from certain countries and violated immigration law by discriminating against individuals based on nationality when it comes to issuing visas.

That issue wasn't before the 4th Circuit, because in the Maryland case it considered, the lower court judge had not struck down the refugee program's suspension.

Lawyers for the Trump administration countered that presidents have wide authority over matters of immigration and national security and should not be second-guessed by unelected federal judges.

In the latest in a series of defeats for Trump's travel ban, the 9th Circuit Court of Appeals upheld a Hawaiian court's nationwide preliminary injunction blocking the ban Monday.

More than 47,000 refugees have resettled in the United States since October, at a greatly reduced pace since the first travel ban was signed January 27.

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