Federal Appeals Court Upholds Freeze on Trump's Travel Ban

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Federal Appeals Court Upholds Freeze on Trump's Travel Ban

David P. Dillard
Administrator



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Federal Appeals Court Upholds Freeze on Trump's Travel Ban

By Matt Zapotosky

June 12, 2017 at 3:35 PM

Washington Post

http://tinyurl.com/y8lskve5

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A West Coast federal appeals court upheld the freeze on President Trumps
travel ban Monday, declaring that Trump had exceeded his lawful authority
in suspending the issuance of visas to residents of six Muslim majority
countries and suspending the U.S. refugee program.

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A three-judge panel with the U.S. Court of Appeals for the 9th Circuit
ruled against the administration unanimously. Their ruling is another blow
to Trump  though the fate of his travel ban already had been destined to
be decided by the Supreme Court.

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A different federal appeals court had previously ruled against the
president in a separate case, and the administration already had asked the
nations highest court to intervene.

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[Trumps latest tweets will probably hurt effort to restore travel ban]

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The ruling by the 9th Circuit, though, was both logistically and
symbolically important  keeping in place the broadest blockade on Trumps
ban and creating new legal and practical paths for the directive to meet
its ultimate demise.

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Unlike other courts in the past, the three judges on the 9th Circuit did
not dwell on Trumps public comments, nor did they declare the president
had run afoul of the constitution because his intent was to discriminate.
Instead, they ruled that Trumps travel ban lacked a sufficient national
security or other justification that would make it legal, and that
violated immigration law.

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They offered no opinion on whether the ban was constitutional.

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There is no finding that present vetting standards are inadequate, and no
finding that absent the improved vetting procedures there likely will be
harm to our national interests, the judges wrote. These identified reasons
do not support the conclusion that the entry of nationals from the six
designated countries would be harmful to our national interests.

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A Justice Department spokesman said officials were preparing a response.

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Neal Katyal, one of the lawyers representing those challenging the ban,
said on Twitter that the decision was a complete win and noted it was
different than previous victories in other cases.

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While the U.S. Court of Appeals for the 4th Circuit already had upheld a
separate freeze on Trumps ban, that freeze did not apply to the portion of
Trumps order dealing with refugees. The 9th Circuit was considering a
freeze that did, and they concluded Trump had not provided sufficient
justification to either temporarily suspend refugee admission or lower the
refugee cap for fiscal 2017 to 50,000.

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The opinion also clarified that the administration could conduct an
internal review to assess vetting procedures.


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The complete article may be read at the URL above.

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