Thursday, February 9, 2017

9th Circuit Court Of Appeals Rules Against Trump Administration On Immigration Policy


Bad news as the 9th Circuit Court of Appeals rules against the Trump administration's immigration policy.

From the Washington Post:

A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S.

A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive.

The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of immigration and national security — to intervene. The Supreme Court, though, remains one justice short, and many see it as ideologically split 4-4. A tie would keep in place whatever the appeals court decides.

Judge Michelle Taryn Friedland, who was appointed by President Barack Obama, asked a Justice Department lawyer if the government had “pointed to any evidence connecting these countries with terrorism.”

Judge Richard Clifton, a President George W. Bush appointee, noted that the government already had processes in place to screen people coming from those countries and asked, “Is there any reason for us to think that there’s a real risk or that circumstances have changed such that there’s a real risk?”


While most expect Trump to head to the Supreme Court (his ego couldn't handled anything less), lots of legal experts say Trump should take the time to rewrite the policy in a way that passes legal muster.

I should add that the ban was intended to be temporary - only 90 and 120 days. So, while this takes time to be worked out, I'm assuming Team Trump is still going about the business of evaluating immigration processes, yes? If the point was to hit 'pause' temporarily to figure out how to vet immigrants more precisely, then that work should still be going on.

UPDATE - Trump took little time rushing to Twitter:

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