Ap­peals Court De­nies Re­quest to Re­store US Travel Ban

The Economic Times - - Around The World - YE­GANEH TOR­BATI & TOM PERRY

Washington | Beirut: A US ap­peal court late on Satur­day de­nied a re­quest from the Depart­ment of Jus­tice to im­me­di­ately re­store an im­mi­gra­tion or­der from Pres­i­dent Don­ald Trump bar­ring cit­i­zens from seven mainly Mus­lim coun­tries and tem­po­rar­ily ban­ning refugees.

The court rul­ing dealt a fur­ther set­back to Trump, who has de­nounced the judge in the state of Washington who blocked his ex­ec­u­tive or­der on Fri­day. In tweets and com­ments to re­porters, the pres­i­dent has in­sisted he will get the ban re­in­stated. Trump says the 90-day travel ban on cit­i­zens from Iran, Iraq, Libya, So­ma­lia, Su­dan, Syria and Ye­men, and a 120-day bar on all refugees, are nec­es­sary to pro­tect the United States from Is­lamist mil­i­tants. Crit­ics say the mea­sures are un­jus­ti­fied and dis­crim­i­na­tory.

The judge’s or­der and the ap­peal rul­ing have cre­ated what may be a short­lived op­por­tu­nity for trav­ellers from the seven af­fected coun­tries to get into the United States while the le­gal un­cer­tainty con­tin­ues.

“This is the first time I try to travel to Amer­ica. We were booked to travel next week but de­cided to bring it for­ward af­ter we heard,” said a Ye­meni woman, re­cently mar­ried to a US cit­i­zen, who boarded a plane from Cairo to Turkey on Sun­day to con­nect with a US-bound flight. She de­clined to be named for fear it could com­pli­cate her en­try to the US.

In a brief or­der, the US ap­peals court said the gov­ern­ment’s re­quest for an im­me­di­ate ad­min­is­tra­tive stay on the Washington judge’s de­ci­sion had been de­nied. It was await­ing fur­ther sub­mis­sions from Washington and Min­nesota states on Sun­day, and from the gov­ern­ment on Mon­day.

Re­act­ing to the court’s state­ment, Iraqi gov­ern­ment spokesman Saad al-Ha­dithi said: “It is a move in the right di­rec­tion to solve the prob­lems that it caused.”

Trump’s Jan­uary 27 travel re­stric­tions have drawn protests in the United States, pro­voked crit­i­cism from US al­lies and cre­ated chaos for thou­sand­sof­peo­ple­who­have,in­some cases, spent years seek­ing asy­lum. I n his r uli ng i n Wash­ing ton st at e on F r id ay, j udge Ja mes Ro­bart ques­tioned the use of the Septem­ber 11, 2001 at­tacks on the United States as a jus­ti­fi­ca­tion for the ban, say­ing no at­tacks had been car­ried out on US soil by in­di­vid­u­als from the seven af­fected coun­tries since then.

For Trump’s or­der to be con­sti­tu­tional, Ro­bart said, it had to be “based in fact, as op­posed to fic­tion”.

In a se­ries of tweets, Trump at­tacked “the opinion of this so-called judge” as ridicu­lous. “What is our coun­try com­ing to when a judge can halt a Home­land Se­cu­rity travel ban and any­one, even with bad in­ten- tions, can come into US?” he asked.

Trump told re­porters at his pri­vate Mar-a-Lago re­sort in Florida: “We’ll win. For the safety of the coun­try we’ll win.”

Iraqi Fuad Sharef, his wife and three chil­dren spent two years ob­tain­ing US visas. They had packed up to move to Amer­ica last week, but were turned back to Iraq af­ter a failed at­tempt to board a US-bound f light from Cairo. On Sun­day, the fam­ily checked in for a Turk­ish Air­lines flight to New York from Is­tan­bul.

are num­bered and pub­lished in the Fed­eral Reg­is­ter, the gov­ern­ment’s daily pub­li­ca­tion of pro­posed and fi­nal reg­u­la­tions, mean­ing any­one can look them up Most ex­ec­u­tive or­ders last for years or decades with­out be­ing re­scinded Some of the or­ders Trump signed are in­tended to undo ac­tions taken by his pre­de­ces­sor, Barack Obama, such as on healthcare. On the Af­ford­able Care act, an ex­ec­u­tive or­der Trump signed gives ex­ec­u­tive branch agen­cies broad lee­way to chip away at parts of the healthcare law that they over­see.


carry the same weight as an ex­ec­u­tive or­der, but tend to be more reg­u­la­tory in na­ture They are not num­bered, but are some­times pub­lished in the Fed­eral Reg­is­ter, which gives the pa­per­work a lit­tle bit more sta­tus


mostly cer­e­mo­nial in na­ture. For ex­am­ple, upon the death of a pub­lic fig­ure, pres­i­dents may is­sue a procla­ma­tion to or­der that US flags on fed­eral prop­erty be flown at half-staff. Pres­i­dents also is­sue procla­ma­tions to de­clare spe­cial days, weeks or months, such as Na­tional Pub­lic Lands Day, Save Your Vi­sion Week and Na­tional Fam­ily Care­givers Month


is an um­brella term used to in­clude ex­ec­u­tive or­ders, pres­i­den­tial mem­o­randa and procla­ma­tions — AP

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