9th Circuit says Trump's third travel ban is illegal

Appeals Court Rules Against Latest Trump Travel Ban 23122017

The court, which heard oral arguments in the case last month, ruled that Trump exceeded his authority in issuing the September 24 travel ban proclamation.

Trump has defended the ban on immigration from eight countries, six of which are majority Muslim, citing counter terrorism efforts.

The nation's high court signaled on December 5 that it may ultimately uphold the restrictions that were issued in September when it allowed them to temporarily take full effect while the litigation play out.

The three-judge panel also ruled, however, that Trump can continue to bar or limit entry by people from the Mideast and North African nations if they don't have a relationship with a US -based person or institution.

Protesters rallied outside Trump International Hotel on Sunday, Jan. 29 against President Donald Trump's refugee travel ban.

"The Executive can not without assent of Congress supplant its statutory scheme with one stroke of a presidential pen", wrote the judges, all of whom are appointees of President Bill Clinton.

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A regional appeals court based in San Francisco, one of two panels reviewing the third version of the president's travel ban, concluded Friday that it continues to illegally discriminate against travelers just as earlier executive orders did.

As Denniston notes, the Ninth Circuit opinion is noteworthy for its strong rejection of Trump's claim to virtually unlimited and unreviewable presidential power to exclude aliens, regardless of any limitations imposed by Congress. Letting the president claim such boundless authority would be a unsafe breach of separation of powers whose implications go far beyond the travel ban.

A separate challenge to the travel ban, brought by several immigrant rights groups and individuals, is pending in the U.S. Court of Appeals for the Fourth Circuit.

A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them.

Immigration and Naturalization Act that prohibits discrimination based on nationality.

It also blocks travel by North Koreans along with some Venezuelan government officials and their families, although those parts of the restrictions are not at issue in the courts. Some commentators have argued that this ruling indicates that the justices are likely to uphold the travel ban when and if the case gets to them. The Supreme Court is expected to rule on the case definitively in 2018. The Supreme Court issued an order this month saying the ban can be enforced while challenges to the policy make their way through the legal system.

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