Ban should not apply to people with strong US ties, court says
A US appeals court said president Donald Trump’s travel ban targeting people from six Muslim-majority countries should not be applied to people with strong US ties.
But the 9th US circuit court of appeals, which covers several west coast states, said on Friday that its ruling would be put on hold pending a decision on the latest version of the travel ban by the US supreme court.
Since taking office in January, Mr Trump has struggled to enact a ban that was approved by the courts.
A three-judge panel from the 9th circuit narrowed an earlier injunction from a lower federal court to people “with a credible bona fide relationship with the US”.
It said that while the US president had broad powers to regulate the entry of immigrants, those powers were not without limits.
“We conclude that the president’s issuance of the proclamation once again exceeds the scope of his delegated authority,” the panel said.
The ban affects people from Chad, Iran, Libya, Somalia, Syria and Yemen. The president, a Republican, has said the travel ban is needed to protect the US from terrorism.
But the state of Hawaii challenged the ban in court and a Honolulu federal judge said it exceeded the president’s powers under immigration law.
Mr Trump’s ban covers people from North Korea and certain government officials from Venezuela, but lower courts allowed those provisions.
The same 9th circuit panel, which limited an earlier version of Mr Trump’s ban, heard arguments this month.
The president issued his first travel ban in January, which caused chaos at airports and mass protests.
Mr Trump issued a revised one in March after the first was blocked by federal courts. That expired in September after a court fight and was replaced with the current version.
The ban has exceptions. Certain people from each of the countries can apply for a visa for tourism, business or education, and applicants can ask for an individual waiver.
“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,” US justice department spokeswoman Lauren Ehrsam said.
“We continue to believe that the order should be allowed to take effect in its entirety.