Sabato, 25 Mag, 2019

US Appeals Court Upholds Block On Donald Trump Travel Ban

Sveva Terracina | 13 Giugno, 2017, 05:46

Attorney General Bob Ferguson released the following statement after the U.S. Court of Appeals for the Ninth Circuit ruled today that President Donald Trump's revised travel ban should remain blocked.

Judges Michael Hawkins, Ronald Gould and Richard Paez - all appointed by President Bill Clinton - said the president's order did not tie citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen to terrorist organisations or contributors to "active conflict".

9th Circuit rules against Trump's revised...

On Monday a three-judge panel of the 9th Circuit Court of Appeals upheld a decision blocking President Donald Trump's revised travel ban. If he had not done so, the order may not violate the Constitution, the lawyers said.

And framing the new draft as "watered down" undercuts his administration's legal argument that the changes are substantive enough to square the policy with the law and earlier court decision.

The juries also cited Sean Spicer White House press secretary's statement that said tweets by Trump are "considered official statements by the President of the United States".

The law "requires that the President exercise his authority only after meeting the precondition of finding that entry of an alien or class of aliens would be detrimental to the interests of the United States", the justices write.


Monday's decision upheld a ruling in March by a Hawaii judge that blocked part of the president's order from going into effect nationally.

The American Civil Liberties Union, for example, warned in a tweet that it was planning to use Trump's tweets as evidence in its ongoing fight against the order. They ruled the order likely violates the Immigration and Nationality Act by discriminating on the basis of a person's country of origin.

The messiness that Trump's tweets insert into the case-on another one, he called the courts slow and political-might dissuade the Supreme Court from taking it up, though the consistency of the appeals court rulings suggest the highest court may not need to settle any questions of constitutionality.

Trump rolled out his flagship immigration policy less than two weeks after taking office, but the 9th Circuit Court of Appeals blocked it from taking effect just days after it the administration implemented it, arguing that the policy was unconstitutional. Justice Department lawyers made several adjustments from the first travel ban to address concerns raised by judges across the country.

Back in March, a Hawaii federal judge heard Mr Trump's proposed ban discriminated against Muslims and hurt the state's tourist-dependent economy. Specifically citing the travel ban, Rove said that Trump's proposed 90-day timeline was over on Monday.

"I think he shot himself in the legal foot", Cornell Law School immigration professor Stephen Yale-Loehr said of Trump's comments about his preference for the original version of the ban. Judge Robart chose not to issue a ruling given that the revised travel ban was already halted.

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