Trump Victory: Court Says Parts of Third Travel Ban Can Be Implemented
On Monday, the Ninth Circuit Court of Appeals gave President Donald Trump a partial victory by allowing part of the third iteration of his travel ban to proceed. Their ruling did create an exemption on the implementation of his new restrictions for foreigners with U.S. ties, meaning that a final decision will more than likely end as the previous two did: in the Supreme Court.
In an effort to salvage his original policy in the face of the legal onslaught from partisan judges and lawyers, the White House had repeatedly refined the presidential directive, with the latest policy being even more stringent in application, while also extending the outright ban from most of the original seven majority Muslim countries, Iran, Libya, Somalia, Syria, and Yemen, and adding North Korea, and Venezuela, along with Chad to the list. Iraq was dropped from the list in the second iteration, and the Sudan in this latest one.
A Ninth Circuit panel granted a portion of the Justice Department’s request for an emergency stay of that judge’s order handing the Trump administration another battle in the ongoing court battles over the travel ban
The Ninth Circuit judges would allow Trump’s policy to move forward with exemptions for foreigners with concrete U.S. ties, similar to the way the Supreme Court this summer let an earlier version of the proposal be implemented except for those with “a bona fide relationship” to the U.S.
The Ninth Circuit decision would allow visa applicants with relatives in the U.S. as well as those with jobs, business ties or connections to educational institutions to enjoy a carve-out from new restrictions imposed by Trump. Trump’s latest plan includes some similar exemptions, but they are narrower than what the court’s order would dictate.
A Justice Department spokeswoman said the administration plans to put Trump’s September directive into effect to the degree the new court order permits.
“We are reviewing the court’s order and the government will begin enforcing the travel proclamation consistent with the partial stay,” spokeswoman Lauren Ehrsam said. “We believe that the proclamation should be allowed to take effect in its entirety,”
The three judge panel did not offer any rationale for their decision, but the order cites the interim decision the Supreme Court issued in June on the earlier version of the ban., which was also a Trump judicial victory.
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