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undergroundnewsroom.com October 20, 2017


USA court upholds block on Trump travel ban targeting Muslim countries

14 June 2017, 07:43 | Ruben Thornton

Second US appeals court keeps Donald Trump’s travel ban blocked

Second US appeals court keeps Donald Trump’s travel ban blocked

The US Court of Appeals for the Ninth Circuit has unanimously rejected US President Donald Trump's so-called "revised Executive Order travel ban" on the rights of nationals of six mainly Muslim nations to visit the United States.

The 4th U.S. Circuit Court of Appeals in Virginia last month cited the president's campaign statements calling for a "total and complete shutdown" on Muslims entering the U.S.as evidence that the 90-day ban was unconstitutionally "steeped in animus and directed at a single religious group", rather than necessary for national security.

The administration has appealed another ruling against the ban to the U.S. Supreme Court, which is likely to consider the cases in tandem.

White House press secretary Sean Spicer said Monday during a news conference that the administration remains committed to the issue and is reviewing the opinion.

The decision came just ahead of a deadline for states challenging the ban to submit briefings before the US Supreme Court in response to the Trump administration's request that the nine justices hear the case.

While the Fourth Circuit wrote that the ban was in violation of the First Amendment of the US Constitution which prohibits government establishment of religion, the Ninth Circuit challenged the ban on the statutory grounds that Trump had acted beyond his authority under the federal Immigration and Nationality Act.

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The 9th Circuit also kept blocking Mr Trump's suspension of the USA refugee programme.

The court said the president didn't take the steps needed to justify the order, saying the president needed to make sufficient findings that the entry of people from the six designated countries and refugees would be detrimental to the interests of the U.S.

The ruling concluded that the executive order doesn't sufficiently justify suspending the entry of more than 180 million people "on the basis of nationality". The judges pointed to a June 5 tweet by Trump saying the executive order was aimed at "dangerous countries". "The president, in issuing the executive order, exceeded the scope of the authority delegated to him by Congress". "But immigration, even for the president, is not a one-person show", a three-judge panel declared.

The administration has asked the Supreme Court to immediately reinstate the ban on travelers. Banning citizens from those countries also blocks anyone from Syria who long ago moved to the United Kingdom, but doesn't block someone from the United Kingdom who recently became radicalized in Syria. After that order was held up in court, Trump issued a revised ban that focused on six countries.

"The President unquestionably violates that command when he issues an Order that disproportionality burdens Muslim-Americans, while denigrating the Muslim faith and making it abundantly clear that the Order's harmful effect on Muslims is far from incidental", Katyal argued.



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