Second Appeals Court Rules Against Trump's Travel Ban

A second federal appeals court on Monday declined to revive President Trump's revised travel ban, adding to legal setbacks for his executive order as the U.S. Supreme Court considers a similar ruling, The Hill reported.

The U.S. Court of Appeals for the Fourth Circuit, based in Virginia, previously ruled against the Trump administration, finding that the travel ban amounted to religious discrimination.

Monday's decision by a three-judge panel with the U.S. Court of Appeals for the Ninth Circuit, based in California, upholds an injunction imposed by a lower court, keeping in place current admission policies for immigrants and refugees. In its ruling, the court found that the president had exceeded his authority in issuing the order.

"In suspending the entry of more than 180 million nationals from six countries, suspending the entry of all refugees and reducing the cap on the admission of refugees from 110,000 to 50,000 for the 2017 fiscal year, the president did not meet the essential precondition to exercising his delegated authority," the court ruled. "[T]he president must make a sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States.’ Further, the order runs afoul of other provisions of the INA that prohibit nationality-based discrimination and require the president to follow a specific process when setting the annual cap on the admission of refugees."

The ruling, however, vacates the part of the injunction that prevented the government from moving ahead with internal reviews of visa vetting processes.


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