Trump's latest travel ban suffers blow from a second appeals court

Randolph Lopez
February 16, 2018

"On a fundamental level, the proclamation second-guesses our nations dedication to religious freedom and tolerance", Chief Justice Roger Gregory wrote for the court in the majority opinion.

"Plaintiffs here do not just plausibly allege with particularity that the Proclamation's goal is driven by anti-Muslim bias, they offer undisputed evidence of such bias: the words of the President", Gregory wrote. The court upheld a nationwide injunction against enforcement of the travel ban against people from the Muslim-majority nations who have bona fide relationships with people or entities in the United States, but stayed the injunction in light of the Supreme Court order. He also noted, "When we compromise our values as to some, we shake the foundation as to all".

The opinion says the travel ban likely violates the establishment clause and points to Trump's "disparaging comments and tweets" as evidence of anti-Muslim bias.

The International Refugee Assistance Project, one of the groups challenging the ban, said the policy has had a "devastating impact" on U.S. families waiting to reunite with their family members and foreign students seeking educational opportunities in the US. "Our constitutional structure forbids such intrusion by the judiciary". The presidential proclamation also placed travel restrictions on certain government officials in Venezuela and their family members.

Traxler was referring to the government's argument that a long investigation had gone into deciding which countries did not properly vet those leaving their shores for the United States.

After federal courts struck down the president's first two attempts at a travel ban, Trump on September 24 signed the latest set of travel restrictions.

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Like the previous versions, this latest ban seeks to block immigrants and temporary visitors from six Muslim-majority countries - in this iteration, Chad, Iran, Libya, Somalia, Syria, and Yemen. It was the second federal appeals court to find that Trump's third travel ban was likely unconstitutional, but both rulings have been put on hold until the U.S. Supreme Court hears oral arguments in the matter this spring.

The 9th Circuit, by contrast, ruled on statutory grounds, saying Trump had exceeded the authority Congress had given him over immigration and had violated a part of the immigration laws barring discrimination in the issuance of visas.

In essence, she wrote, there was no reason to believe that future presidents will take the tack Trump has taken.

The Justice Department had no immediate reaction to the ruling.

"President Trump's third illegal attempt to denigrate and discriminate against Muslims through an immigration ban has failed in court yet again", the ACLU, which is representing the plaintiffs in the 4th Circuit appeal, said in a Thursday statement.

"The Constitution prohibits government actions hostile to a religion", Wang said.

Other reports by GlobalViralNews

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