Trump's Travel Ban on Muslim Countries Gets Huge Win
07 Декабря, 2017, 03:53 | Author: Brenda Erickson
On Dec. 4, the U.S. Supreme Court issued an order allowing President Donald Trump's travel policy, which suspends entry into the United States for certain residents of eight countries, to go into full effect while lower courts continue to review legal challenges to the policy. Lower courts had said people from those nations with a claim of a bona fide relationship with someone in the United States could not be kept out of the country.
Over the past 16 months, NEWS CENTER has spoken with dozens of immigrants, many from Somalia and the Middle East, who now worry that their families in their home countries may never be able to join them in America.
The order is a significant temporary win for the Trump administration, which has fought all year to impose a travel ban against citizens of several Muslim-majority countries.
But the main focus Wednesday was on claims raised under the federal Immigration and Nationality Act. Both courts are due to hear arguments in those cases this week. The government argued that it doesn't, while the challengers said it does, and that for the court to hold otherwise would violate the separation of powers.
All Americans should take heart that President Trump is fully committed to Making America Safe Again, and will continue the fight to ensure their safety no matter what, Glassner said. Mooppan replied that there could be limits if the president's decision didn't implicate the type of national security and foreign policy concerns that traditionally are at play, or if, contrary to the goal of the INA, the president simply decided that immigration was bad.
"We agree a speedy resolution is needed for the sake of our universities, our businesses and most of all, for people marginalized by this unlawful order", Hawaii Attorney General Douglas Chin said. Mooppan said the law didn't set a limit for how long a proclamation could be in effect. But the travel ban has shaken her confidence in her homeland.
By contrast, civil libertarians and immigrants rights advocates portrayed the third travel order as more of the same: an unwarranted ban that targeted Muslims. "Almost a year after we rallied at JFK in response to the first Muslim ban, we will continue to fight Trump's plan to turn bigotry into policy and resist this latest assault on our liberties just as we have every day since Trump took office", Choi said.
"You made a clear requirement to the government", said Katyal, a former acting USA solicitor general.
"I think it's tipping the hand of the Supreme Court", Levine said.
Katyal also argued that with an indefinite ban, the government's justification had to be even stronger than it was for the previous executive orders, which had expiration dates.
Federal appeals courts in San Francisco, California, and Richmond, Virginia, will hear arguments this week on whether the latest iteration of the policy is lawful.
Judge Ronald Gould said the court would issue a ruling "as soon as practicable".
The Supreme Court said the ban will remain in effect regardless of what the appeals courts rule, at least until the justices ultimately decide whether to take up the issue on the merits, which they are highly likely to do.
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