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9th Circuit Court of Appeals rules against Trump’s travel ban
Another federal court has ruled against President Donald Trump's revised travel ban.
The 9th Circuit Court of Appeals on June 12 said that while the Immigration and Nationality Act grants the president broad powers to control who comes into the country and to protect Americans, "immigration, even for the President, is not a one-person show."
"The president's authority is subject to certain statutory and constitutional restraints. We conclude that the president, in issuing the executive order, exceeded the scope of the authority delegated to him by Congress," the ruling said.
Trump's directive seeks to temporarily halt the entry of refugees from all parts of the world and of individuals from six countries in the Middle East and Africa, based on national security concerns. The order also attempted to lower the cap of refugees admitted in fiscal year 2017 from 110,000 to 50,000.
At a press briefing after the ruling was issued, White House spokesman Sean Spicer said the administration is reviewing the court's opinion and remains confident that the U.S. Supreme Court will ultimately rule in the president's favor.
The Justice Department has already asked the U.S. Supreme Court to review a separate ruling — from the 4th Circuit Court of Appeals — which also blocked parts of Trump's executive order.
"I think we can all attest that these are very dangerous times and we need every available tool at our disposal to prevent terrorists from entering the United States and committing acts of bloodshed and violence," Spicer said June 12. "We continue to be confident that the president's executive order to protect this country is fully lawful and ultimately will be upheld by the Supreme Court."
The 9th Circuit said the law requires the president to find that the entry of a class of aliens "would be detrimental to the interests of the United States" and that Trump's order failed to do that.
"The order makes no finding that nationality alone renders entry of this broad class of individuals a heightened security risk to the United States," the court said.
Regarding the entry of refugees, the court said Trump's order "does not reveal any threat or harm" that would warrant the suspension of the refugee program; "does not support the conclusion that the entry of refugees in the interim time period would be harmful;" and does not indicate that procedures for vetting and screening are inadequate.
The 9th Circuit's decision halts the implementation of Trump's order. We continue to rate this promise Stalled.
Our Sources
9th Circuit Court ruling on Trump's travel ban, June 12, 2017
Justice Department petition asking U.S. Supreme Court to review decision of 4th Circuit Court of Appeals, June 1, 2017
New York Times, Trump Administration Asks Supreme Court to Revive Travel Ban, June 2, 2017
White House, Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States, March 6, 2017