Not against any religion, it's about national security: United States on visa ban

Nick Mcbride
June 14, 2017

President Donald Trump criticized the US 9th Circuit Court of Appeals Tuesday for upholding a block on his revised travel ban at, what he called, "such a risky time in the history of our country".

After the Fourth Circuit Court of Appeals upheld the injunction on the temporary travel ban last month, the US Justice Department made a decision to appeal to the US Supreme Court.

On Monday, the San Francisco-based panel comprised of three judges ruled that the revised ban violates USA immigration law by discriminating against people for their nationality without justification.

The court already has before it a government appeal from a ruling last month by another lower court, the U.S. Court of Appeals for the Fourth Circuit, in a case from Maryland, that blocked enforcement of one of the main parts of the Trump initiative.

According to the White House, the six nations mentioned in the executive order are Iran, Libya, Sudan, Somalia, Yemen, and Syria.

Katyal nonetheless agreed that more briefing was appropriate to address the merits of the 9th Circuit's ruling.

The 9th Circuit also kept blocking Trump's suspension of the USA refugee program.

President Donald Trump signs an executive order to impose tighter vetting of travelers entering the United States, at the Pentagon in Washington, D.C. Picture taken in January.

Trump said in his earlier Supreme Court appeal that the policy "is not a so-called 'Muslim ban.'" The president is asking the justices to decide before leaving for their three-month recess at the end of June whether they will hear the appeal.

I think we can all attest that these are very risky 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.

However, the judges ruled that the government is within its rights to review traveller vetting procedures for people from the six countries. With a Supreme Court recess looming, the ban could expire before the justices reach a decision - unless they grant the Justice Department's request to stay the injunctions on the ban.

By avoiding the question of Trump's motive for banning the travelers, the 9th Circuit avoided a thorny issue about whether courts should consider the president's campaign-trail statements.

These papers, the letter said, would be a combined plea for enforcement power of the executive order, and a petition for review of the legality of the executive order itself.

The 9th Circuit largely upheld the Hawaii injunction on Monday. It applied to travelers from the six countries as well as Iraq and took effect immediately, leading to commotion at USA airports as the Homeland Security Department scrambled to figure out who the order covered and how it was to be implemented. The 4th Circuit upheld injunctions opposing the ban on the grounds that the travel ban was driven by religious intolerance and discrimination toward Muslims. "See you in the Supreme Court!". But the central logical problem, for the court, was that the order targeted nationals of those countries, even if they had not been to them in years.

Other reports by VgToday

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