Travel ban will not fly Trump’s court setback
WASHINGTON DONALD Trump’s immigration policy has been dealt another blow after a federal appeals court refused to reinstate his travel ban.
The court dismissed the US President’s ban on travellers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, unanimously rejecting the administration’s claim of presidential authority, questioning its motives and concluding it was unlikely to survive legal challenges.
Moments after the ruling, Mr Trump tweeted, “SEE YOU IN COURT,” adding, “THE SECURITY OF OUR NATION IS AT STAKE!”
The three judges of the San Francisco-based 9th US Circuit Court of Appeals said the argument that the ban targets Muslims raised “serious allegations” and presented “significant constitutional questions,” and they agreed courts could consider statements by Mr Trump (pictured) and his advisers about wishing to enact such a ban.
The panel declined to block a lower-court ruling that suspended the ban and allowed previously barred travellers to enter the US. But it did not shy away from the larger constitutional questions raised by the order.
The judges sided with the states on every issue except for one technical matter. They rejected the administration’s argument that courts did not have the authority to review the President’s immigration and national security decisions; they said the White House failed to show the order met constitutional requirements to give notice or provide a hearing before restricting travel; and they said the administration presented no evidence any foreigner from the seven countries was responsible for a terror attack in the US. However, the court battle is far from over. The lower court must still debate the merits of the ban and an appeal to the US Supreme Court seems likely. Mr Trump said the court ruling was a political decision that jeopardised security. “We have a situation where the security of our country is at stake and it’s a very, very serious situation so we look forward ... to seeing them in court,” he said. “We’re going to win the case.” Meanwhile Mr Trump yesterday agreed to honour the US’s “One China” policy as he took steps to improve relations with Beijing. He did so during a phone call with Chinese President Xi Jinping, who was angered when Mr Trump spoke directly to the leader of Taiwan, which China considers part of its territory.