Ninth Circuit Slaps Down Trump's Travel Ban a Third Time

Ninth Circuit Slaps Down Trump's Travel Ban a Third Time

The court ruled on Friday that the indefinite suspension of entry of citizens of those countries "constitute nationality discrimination in the issuance of immigrant visas".

The court, however, limited its ruling so that the injunction against the ban only applies to thoses with no bona fide relationship to the United States.

The language of the order was adopted from a Supreme Court order pertaining to an earlier version of the ban.

But the ban will remain fully in effect for the time being, however, because on December 4 the U.S. Supreme Court ordered it to be fully implemented until all appeals in two challenges to Trump's order are resolved, including appeals to the Supreme Court itself.

"We conclude that the president's issues of the proclamation once again exceeds the scope of his delegated authority", the court said.

Department of Justice spokeswoman Lauren Ehrsam said in a statement, "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".

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"The proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act ("INA") vested the president with broad powers to regulate the entry of aliens", the court wrote.

The open-ended ban, announced in September, targets people from Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea, as well as certain government officials from Venezuela.

The case is Hawaii v. Trump, 17-17168, U.S. Court of Appeals for the Ninth Circuit, San Francisco.

"National security alone is not a "talismanic incantation" that once invoked, can support any and all exercise of executive power under" immigration law, the decision said.

The commander-in-chief is in charge of the U.S. Armed Forces, but doesn't have a say in who serves in the military. The first version, which applied to people from seven countries, including legal USA residents, was replaced by a narrowed-down version applying to six countries. The Supreme Court issued an order this month saying the ban can be enforced while challenges to the policy make their way through the legal system.

This is the third time the 9th Circuit has ruled against a version of the travel ban.

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