9th Circuit Says President Trump's Third Travel Ban Violates Federal Law

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In concluding that the President had probably failed to obey immigration laws passed by Congress, the Ninth Circuit Court concluded that Trump appeared to have (1) exceeded powers given by Congress to bar entry into the US of foreign nationals, (2) failed to make the specific finding imposed by Congress that the foreign nationals being kept out would harm United States interests, (3) violated a congressionally-imposed bar [on discrimination] based on the nationality of those excluded, and (4) lacked the authority under his own Executive powers to impose the curbs without explicit power given by Congress. Another appeals court, the Richmond, Va. -based 4th Circuit is considering whether to approve or reject an injunction issued by a federal judge based in Greenbelt, Md. "We conclude that the President's issuance of the Proclamation once again exceeds the scope of his delegated authority", the judges, all of whom were appointed by former President Bill Clinton, wrote in the 71-page opinion.

"We are pleased that the Supreme Court has already allowed the government to implement the Proclamation and keep all Americans safe while this matter is litigated".

In Friday's ruling in the Hawaii case, the 9th Circuit panel said Trump's order unconstitutionally intrudes on Congress's power to regulate immigration.

'We continue to believe that the order should be allowed to take effect in its entirety, ' Ehrsam said. This case, a challenge brought by the state of Hawaii, is one of those challenges. The current version targets those coming to the United States from Chad, Iran, Libya, North Korea, Syria, Venezuela and Yemen.

'This ruling again confirms that the president has gone far beyond the immigration powers that he has, and has ignored the law in issuing this discriminatory order, ' Purcell said. The Attorney General's motion argued that California would have a harder time recruiting for the National Guard, would have to violate its own anti-discrimination law, and would be forced to require state universities to discriminate in their ROTC programs.

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Trump's previous two travel bans, issued by executive orders on January 27 and March 6, were also challenged.

"We disagree with the court's ruling and are now evaluating the next steps", U.S. Justice Department spokeswoman Lauren Ehrsam said in a statement.

Trump has defended the ban on immigration from eight countries, six of which are majority Muslim, citing counter terrorism efforts. The first version, which applied to people from seven countries, including legal US residents, was replaced by a narrowed-down version applying to six countries.

Earlier this week, the Supreme Court delivered a spanking in overturning another 9th Circuit ruling related to the president's decision to end the Obama-era Deferred Action for Childhood Arrivals deportation amnesty program.