Federal Appeals Court Won't Reinstate Trump Travel Ban
- Author: Kyle Peterson Feb 11, 2017,
Feb 11, 2017, 0:21
The 9th U.S. Circuit Court of Appeals on Thursday upheld a previous ruling by a Seattle judge that blocked key parts of President Donald Trump's travel ban on seven predominantly Muslim countries. The government has indicated that it will appeal if the 9th Circuit declines to consider the issue or decides to keep the hold in place, arguing that national security is at risk.
The executive order temporarily banned entry for all refugees and visitors from seven mainly Muslim countries, until it was halted last week.
His executive order to ban almost all travellers from seven Muslim-majority countries, which prompted widespread protests, was temporarily halted after eight days by federal judge James Robart in Seattle.
Federal government lawyers say the ruling by the judge, James Robart, was overly broad and should be overruled.
The only other order more popular than the travel ban is the one revoking federal funding for immigration sanctuary cities. The decision will likely be appealed to The Supreme Court in the near future. Robart's order halted enforcement of key provisions of the January 27 executive order: the ban on travel to the USA from seven majority-Muslim countries and the halt to the refugee program.
But they rejected the administration's argument that courts did not have the authority to review the president's immigration and national security decisions. Purcell argued the state did not need to prove the ban harmed every Muslim, but that there was a clear intention to do so, citing Trump's campaign promise to ban Muslim visitors.
A decision to maintain Robart's order would be a major blow to the Trump administration, which has been in power for less than three weeks.
But Flentje couldn't give any specific examples.
The appeals court opinion was written by Judge Michelle Taryn Friedland, appointed by President Barack Obama; Judge Richard Clifton, appointed by President George W. Bush; and Judge William Canby Jr., appointed by President Jimmy Carter.
The states of Washington and Minnesota had challenged the ban and the court insisted that the states had raised serious allegations about religious discrimination.
"I don't ever want to call a court biased, so I won't call it biased", Trump said during a gathering of chiefs of police.
The order sparked protests and chaos at US and overseas airports.
National security veterans, major U.S. technology companies and law enforcement officials from more than a dozen states backed a legal effort against the ban.