A federal appeals court in California ruled that President Trump’s travel ban can go into effect, albeit partially. They ruled the government has the authority to bar entry from those with no connections to the United State, including from the six Muslim-majority countries that are hotbeds for terrorism.
The three-judge panel in the 9th U.S. Circuit Court of Appeals ruled in favor of the Trump administration. They had requested a block on a judge’s ruling that put the band on a temporary hold. President Trump announced on September 24th new language on the ban designed to pass judicial muster. It replaced two other versions that were stopped by federal judges.
Potential immigrants and refugees from Iran, Syria, Libya, Somalia, Chad, and Yemen will not be able to enter the country without any connections to American citizens:
“Those connections are defined as family relationships and ‘formal, documented’ relationships with U.S.-based entities such as universities and resettlement agencies. Those with family relationships that would allow entry include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of people in the United States.
“’We are reviewing the court’s order and the government will begin enforcing the travel proclamation consistent with the partial stay. We believe that the proclamation should be allowed to take effect in its entirety,’ Justice Department spokeswoman Lauren Ehrsam said.”
One of the main opponents of the ban was the state of Hawaii. They sued to block the travel ban by arguing President Trump did not have the authority to impose it according to federal immigration law. They did not include North Korea or Venezuela in their complaint.
But the battle over the ban is still ongoing, even though it would have been over if it were able to go through in the first place when the president made the order. These rulings are dragging it out longer than it was ever intended to go. Yet, the legal challenges are still underway:
“Separately on Monday, a group of refugee organizations and individuals filed a lawsuit in Seattle federal court challenging Trump’s decision to suspend entry of refugees from 11 countries, nine of which are majority Muslim, for at least 90 days.
“Trump issued his first travel ban targeting several Muslim-majority countries in January, just a week after he took office, and then issued a revised one after the first was blocked by the courts. The second one expired in September after a long court fight and was replaced with another revised version.
“Trump has said the travel ban is needed to protect the United States from terrorism by Muslim militants. As a candidate, Trump had promised ‘a total and complete shutdown of Muslims entering the United States.’”
Other cases are still in the pipeline. A parallel case in Maryland will be heard by the 4th U.S. Circuit Court of Appeals on December 8th. The American Civil Liberties Union filed the suit. The 9th Circuit Court will hear oral arguments in the case on December 6th, even though they ruled the ban could go into effect temporarily.