Federal Court Rules Against Trump’s Travel Ban

Atlanta immigration and deportation lawyers

The sloppy roll-out of Trump’s immigration ban caused global confusion

Nashville, TN- On Thursday, a federal appeal court dealt a blow to President Trump, putting the new Administration’s signature policy- the Muslim ban- on hold. The decision for the U.S. Court of Appeals for the 9th Circuit means visa and green card holders from the seven countries listed in the order can resume travel and the U.S. can begin accepting refugees.

In a unanimous ruling, handed down on Thursday, February, 10, a three -judge panel for federal appellate court ruled against President Trump’s executive order banning immigrants from seven majority Muslim countries and refugees from Syria from entering the U.S.

The ruling keeps the Trump Administration’s executive order on hold until it can be reviewed by the Supreme Court, which could take weeks possibly months.

In the 29-page ruling, the three judges gave a scathing rebuke of the immigration ban which highlighted several overreaches of the Trump Administration and criticized the haphazard rollout of the immigration ban.

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The sloppy roll-out of Trump’s immigration ban caused global confusion.

The judges, which ruled 3-0 against the president, took issue with Department of Justice’s argument that the courts shouldn’t review the President’s immigration policies. Lawyers for administration asserted that the Constitution gives the executive branch broad powers over immigration that cannot be questioned by courts. President has made similar assertions without success.

“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,” the judges wrote in their decision.

The appellate judges didn’t say the immigration ban was directed at Muslims though they noted that the president made several statements on the campaign trail about a “Muslim ban.” Washington’s attorneys also pointed to sections 5(b) and 5(e) of the Order.

The three-judge panel also said the Trump Administration failed to the demonstrate that the U.S. was in imminent danger, writing, “Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we, therefore, deny its emergency motion for a stay.”

You can read the court brief here.

President Trump was angry about the ruling, Tweeting, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE.”

The executive order banned immigrants from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. for 90-days while the Trump Administration reviews the vetting process. (The current vetting process, which you can read about here, is intensive.) The order was rolled out on January 27th without informing the various agencies in charge of enforcement. That led to legal permanent residents (green card holders) being turned away at international airports and being detained once they touched down on the soil.

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If you have any questions about your immigration status, the status of a loved one or are thinking about travel, speak with one of the immigration attorneys at Cobb & Waites in Nashville, TN.

The appellate court decision leaves then injunction in place, but it is possible for President to craft a new Executive Order that would affect many of the same immigrants.

Even though this ban had been put on ice, immigrants from the seven countries listed could encounter problems during their travels since confusion about the order persists. Immigrants in Nashville, Tennessee can contact the Law Offices of Cobb & Waites if they have any questions about travel or their immigration status. You can reach one of their knowledgeable immigration attorneys by visiting: https://usattorneys.com/directory/attorney/cobb-waites-immigration/.


By | 6:40 pm | Categories: Immigration News | 0 Comments

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