Appeals court deals blow to Trump administration travel ban

Appeals court deals blow to Trump administration travel ban

A federal appeals court has dealt another blow to President Donald Trump's revised travel ban targeting six-Muslim majority countries.

The 4th US Circuit Court of Appeals upheld a lower court ruling that blocks the Republican's administration from temporarily suspending new visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.

The Richmond, Virginia-based 4th Circuit is the first appeals court to rule on the revised travel ban, which President Trump's administration had hoped would avoid the legal problems that the first version encountered.

"Congress granted the president broad power to deny entry to aliens, but that power is not absolute. It cannot go unchecked when, as here, the president wields it through an executive edict that stands to cause irreparable harm to individuals across this nation," the chief judge of the circuit, Roger L Gregory wrote.

President Trump will likely appeal to the US Supreme Court.

A central question in the case is whether courts should consider President Trump's past statements about wanting to bar Muslims from entering the country.

The federal judge in Maryland who blocked the travel ban cited comments made by President Trump and his aides during the campaign and after the election as evidence that the policy was primarily motivated by the religion.

Mr Trump's administration argued that the court should not look beyond the text of the executive order, which does not mention religion.

The countries were not chosen because they are predominantly Muslim but because they present terrorism risks, the administration says.

Some of the 13 judges on the appeals court that heard arguments earlier this month seemed sceptical of the administration's argument.

"Don't we get to consider what was actually said here and said very explicitly?" said Judge James Wynn Jr, who was appointed by President Barack Obama, a Democrat.

Other judges worried about using a candidate's word to evaluate a policy's motive.

"Can we look at his college speeches? How about his speeches to businessmen 20 years ago?" said Judge Paul Niemeyer, who was tapped by President George HW Bush, a Republican.

AP

More on this topic

White House admits linking Ukraine military aid to Democratic probeWhite House admits linking Ukraine military aid to Democratic probe

US envoy says Trump gave Giuliani role on Ukraine policyUS envoy says Trump gave Giuliani role on Ukraine policy

EU envoy ‘disagreed with Trump’s order on Ukraine policy’EU envoy ‘disagreed with Trump’s order on Ukraine policy’

Elijah Cumming, chairman of US committee investigating Trump, dies aged 68Elijah Cumming, chairman of US committee investigating Trump, dies aged 68

More in this Section

Youth just seconds from death in lethal rail prank in WalesYouth just seconds from death in lethal rail prank in Wales

Judge rejects legal challenge calling for Brexit deal to be ruled unlawfulJudge rejects legal challenge calling for Brexit deal to be ruled unlawful

Lebanese PM offers 72-hour ultimatum amid nationwide protestsLebanese PM offers 72-hour ultimatum amid nationwide protests

Extinction Rebellion climate protester scales Big Ben scaffoldingExtinction Rebellion climate protester scales Big Ben scaffolding


Lifestyle

Mountaintop monasteries, vicious-looking vultures, and a seriously impressive cable car.As Ryanair launches flights to Armenia, here’s why it deserves to be your next holiday destination

Jools Holland and his Rhythm & Blues Orchestra played a storming gig at Cork Opera House, writes Des O'Driscoll Live Music Review: Jools Holland and his Rhythm & Blues Orchestra

Concerns about people’s ability to access their own money have been growing – here’s what the debate is all about.Are we actually going to end up as a cashless society?

Everything entertainment you need to look out forScene & Heard: Everything entertainment you need to look out for

More From The Irish Examiner