HONOLULU – A federal appeals court panel has ruled that President Donald Trump once again exceeded the limits of his authority, with his latest trip to ban, but the judges on the 9th U.S. Circuit Court of Appeals made their decision on hold pending the review by the Supreme court of the V. S., the significance of the ban, with six majority Muslim countries will remain in force.
The 77-page ruling released late Friday says Trump’s proclamation does not find that just one of the countries listed in the spell makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it is harmful because families are separated, and the university of recruitment will be hampered.
Earlier this month, the Highest Court lifted a temporary lower court orders which had prevented the latest ban comes into force.
The status quo is maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it is a unique case, ” he said, noting the Supreme Court has no argument data, since it has not yet decided to grant an appeal.
“Given the alarmingly rapid volley of executive actions and judicial decisions, this is certainly just the latest in a long series of battles to come.” Mary Fan, a University of Washington law school professor said about immigration ban disputes.
The judges focused on the question of whether Trump had made a required finding that the entry of the people affected by the ban would be harmful for the AMERICAN interests.
Under U.S. immigration law, such a determination must be made before the block of 150 million potential travellers from Chad, Iran, Libya, Somalia, Syria and Yemen, ” she said.
Department of Justice spokeswoman Lauren Ehrsam said the agency is pleased that the Supreme court has allowed the government to support the implementation of the proclamation and to keep Americans safe, while the case is conducted.
“We continue to believe that the order should be allowed to effect, in its entirety,” Ehrsam said.
In the September proclamation, Trump said the ban was necessary because the countries are not doing a good job of verifying or the sharing of information about their citizens, and thus the government “is insufficient information to assess the risks they pose to the United States.”
Trump is based on the assumption that the Immigration and Nationality Act gives him broad powers to regulate immigration, the judges said, but for the president to block entry, he must first legally prove that the person can access would be detrimental to the interests of the United States.
“The national security alone is not a “talismanic incantation” that, once initiated, supported, and all exercise of the executive power under” immigration law, the decision said.
“I have always believed that the rule of law, strengthened by Hawaii’s values, will win the day,” Hawaii Attorney General Doug Chin said in a statement Friday. “Make no mistake: our values of diversity and inclusion are America’s values, and they are light on the road, even through our darkest hours.”
Noah Purcell, solicitor general for the Washington state Attorney General’s Office who argued that the state’s challenge to Trump’ s first travel ban, was pleased with the 9th Circuit opinion.
“This ruling once again confirms that the president has far beyond the immigration powers that he has, and has ignored the law in the issuance of this discriminatory order.” Purcell said.
A separate challenge brought by civil liberties groups, is pending in the 4th Circuit Court of Appeals in Richmond, Virginia, who also heard arguments this month.
Citing national security concerns, Trump announced his first travel ban on the citizens of some Muslim-majority nations at the end of January, causing havoc and protests at airports around the country. A federal judge in Seattle quickly blocked, and courts since then have struggled with the limitations that the administration has been rewritten.
The latest version blocks travelers from the mentioned countries in different degree, allowing for students of a number of the countries, while blocking other business travellers and tourists, so the recordings on a case-by-case basis.
It also blocks the travel by North Koreans along with a few Venezuelan government officials and their families, although those parts of the restrictions are not at issue in the courts.
Bellisle reported from Seattle. AP writer Gene Johnson in Seattle contributed to this report.