In a dumbfounded, but not surprising move, the 9th Circuit Appeals court in San Francisco has decided to go against established law and upheld the suspension of President Trump’s immigration order on Thursday.
The panel of three judges on the 9th U.S. Circuit Court of Appeals unanimously refused to reinstate the order after a federal judge had issued a halt to the order last week.
Shortly after the ruling, President Trump tweeted, “See you in Court, The Security of our nation is at Stake!”
— Donald J. Trump (@realDonaldTrump) February 9, 2017
Donald Trump’s controversial travel ban suffered a major setback on Thursday after a panel of three judges upheld a temporary ruling which had halted the president’s limit on people arriving from seven Muslim majority countries.
In its unanimous ruling, the three judges on the ninth circuit court of appeals upheld the temporary restraining order, which was issued by Judge James Robart, a federal district court judge in Washington State, and has blocked the enforcement of many key parts of the executive order.
The court found that “the government has not shown a stay is necessarily to avoid irreparable injury.” In particular, its ruling noted “the government has pointed no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States. 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.”
Many Americans are furious with the decision and the court appears to have violated 8 U.S. Code § 1182.
Within 8 U.S. Code § 1182, under (f) Suspension of entry or imposition of restrictions by President: Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
Only seven nations out of 52 majority Muslim nations are under the immigration ban and those nations fall under 8 U.S. Code § 1182 (3) Security and related grounds; under Sub-Sections (B) Terrorist activities, (C) Foreign policy, and (F) Association with terrorist organizations.
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