Travel ban: Where things stand and what comes next

Andrew Cummings
June 13, 2017

On Monday, the Ninth Circuit Court of Appeals ruled to largely uphold a Hawaii court's nationwide preliminary injunction that blocked the revised travel ban's 90-day halt on nationals from the six designated Muslim-majority nations and a 120-day suspension of the refugee program.

The 9th Circuit panel yesterday removed the last remaining impediment for a more robust vetting procedure - should the administration actually have any idea what more it wants to do.

Chin says the 9th U.S. Circuit Court of Appeals ruling Monday is everything high school students learn in social studies coming into play the way it should. Trump said in a post on Twitter, apparently referencing the US Supreme Court. "S.C.", he added, referring to the Supreme Court. The President is committed to protecting the American people and our national security, and we are proud to support his mission to put America first by defending his right to keep us safe.

The administration has asked the Supreme Court to immediately reinstate the ban on travelers.

U.S. Sen. Brian Schatz, D-Hawaii, said in a statement that the ban is "un-American, unconstitutional and contrary to everything we stand for".


Rather, they found that the president overstepped his authority on statutory grounds, meaning that the administration will have two fronts to defend if and when the matter reaches the Supreme Court.

Hawaii's lawyers said that Trump has made "a series of barely veiled statements linking the orders to his promised Muslim ban".

The motions panel of the U.S. Courts for the 9th Circuit presented its decision in 86 pages of written opinion, stating at the end that "The Government's motion for a stay (of the travel ban) pending appeal is DENIED as moot".

In the appeals court ruling, it said immigration, even for the President, is not a one-person show, concluding that Mr. Trump exceeded the scope of the authority delegated to him by Congress by issuing the Executive Order.

Because the 9th Circuit reached the same result but for different reasons, the Supreme Court also would have to consider Monday's decision if it reviews Trump's action.


Federal courts in both Maryland and Hawaii issued rulings suspending key parts of the ban.

The court typically also has the last word when a federal court strikes down a law or presidential order.

"Indeed, the President recently confirmed his assessment that it is the "countries" that are inherently risky, rather than the 180 million individual nationals of those countries who are barred from entry under the President's "travel ban", the judge wrote. They could order an unusual June argument and try to resolve the travel ban lawsuits before they leave town for the summer.

The White House has previously vowed to challenge these court orders.


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