DemDaily: Trouble for the Travel Ban

May 25, 2017

The Fourth US Circuit Court of Appeals court struck another blow to the Trump Administration today, rejecting the second version of the President's controversial travel ban, calling it:

"An Executive Order that in text speaks with vague words of national security, but in context drips with religious introlerance, animus and discrimination."

The 10-3 ruling, delivered by Chief Judge Roger Gregory, upholds a lower court's ruling halting key aspects of the executive order indefinitely.

Trump's original January 27th immigration policy order, "Protecting The Nation From Foreign Terrorist Entry Into The United States," which set off protests nationwide, was blocked February 9th by the US Court of Appeals for the Ninth Circuit.

Protesters outside Richmond, Virginia's 4th Court of Appeals (pic: NYT)

Trump's March 6th revised order, an attempt to placate legal and political opposition, reduced the immigration ban to 6 countries (taking Iraq off the list), exempted green-card holders, valid visa holders and refugees with previously approved travel.

But the nuanced directive would still have banned travelers from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the US for 90 days, and all refugees for 120 days.

It also placed an annual cap on admitted refugees to 50,000 (down from Obama's 110,000), and established VOICE (Victims of Immigration Crime Engagement) to publicize reports of terrorism crimes committed by foreigners.

The second order, however, was blocked by the courts just hours before it was scheduled to go into effect March 16th, freezing implementation with a nationwide injunction.

Like so many controversies under his tenture, today's decision comes back to Trump, who has disregarded all traditional forms of diplomactic communication -- tweeting and talking without regard for the consequences.

"The evidence in the record, viewed from the standpoint of the reasonable observer, creates a compelling case that (the executive order's) primary purpose is religious ... Then-candidate Trump's campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States." - Fourth US Circuit Court of Appeals

While a great victory for human rights, it is a temporary one in a battle that many feel will end up in the Supreme Court.

In a separate appeal, the Ninth US Circuit Court of Appeals is also reviewing the revised ban, with a ruling expected soon.

DemList will keep you posted as developments unfold.

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Kimberly Scott

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Sources: New York Times, CNN, Washington Post

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