Block on Trump's Travel Ban Largely Upheld by Appeals Court
June 12, 2017
The Ninth Circuit Court of Appeals has upheld a federal district court's nationwide
injunction against the implementation of the Trump's second travel ban. The new executive order called for imposing a 90-day ban on visa issuance to citizens from six Muslim-majority nations; Syria, Iran, Sudan, Libya, Somalia and Yemen, and reducing to 50,000 the number of refugees US will accept in 2017.
The majority opinion concluded that the order was invalid because Trump lacked the statutory limits of the president's power to control immigration:
"We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress. In suspending the entry of more than 180 million nationals from six countries, suspending the entry of all refugees, and reducing the cap on the admission of refugees from 110,000 to 50,000 for the 2017 fiscal year, the President did not meet the essential precondition to exercising his delegated authority: The President must make a sufficient finding that the entry of these classes of people would be "detrimental to the interests of the United States." Further, the Order runs afoul of other provisions of the INA that prohibit nationality-based discrimination and require the President to follow a specific process when setting the annual cap on the admission of refugees."
The decision is another legal blow to the administration, whose revised travel ban was blocked by a similar decision by the Fourth Circuit Court of Appeals on May 25, 2017. The Trump administration is already seeking a Supreme Court review of this decision.