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Trump's travel ban exceeds presidential authority, court rules

Trump's travel ban exceeds presidential authority, court rules

In concluding that the President had probably failed to obey immigration laws passed by Congress, the Ninth Circuit Court concluded that Trump appeared to have (1) exceeded powers given by Congress to bar entry into the USA of foreign nationals, (2) failed to make the specific finding imposed by Congress that the foreign nationals being kept out would harm United States interests, (3) violated a congressionally-imposed bar [on discrimination] based on the nationality of those excluded, and (4) lacked the authority under his own Executive powers to impose the curbs without explicit power given by Congress. The 9th circuit ruling would tighten a restriction introduced by a lower federal court which precluded those "with a credible bona fide relationship with the United States" from being subjected to the ban.

The Trump administration had lightly modified the list of countries from the first two version of its ban, in what appeared to be an attempt to to avoid the appearance of the Muslim ban the candidate touted on the campaign trail.

The panel ruled unanimously in a 77-page decision that read, "We conclude that the President's issuance of the Proclamation once again exceeds the scope of his delegated authority".

Supreme Court's recent orders letting the travel ban take full effect.

The case was brought by the state of Hawaii, as well as an individual affected by the September 24 order and a Muslim association.

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Trump's order "nullified" a federal immigration law passed by Congress and overrode "broad swaths of immigration laws that Congress has used its considered judgment to enact", the court said.

It also said the order violated a provision of the U.S. With respect to the statutory issues, Travel Ban 3.0 is actually more blatantly illegal than its predecessor, as explained by immigration law scholar Peter Margulies (who thought the previous version was within the president's power, in part because of its temporary nature).

'I have always believed that the rule of law, reinforced by Hawaii's values, will win the day, ' Hawaii Attorney General Doug Chin said in a statement Friday. A panel on a powerful federal circuit court of appeals on Friday was asked to stay that order but rejected it. The first version, which applied to people from seven countries, including legal USA residents, was replaced by a narrowed-down version applying to six countries.

On Thursday (local time) the Richmond, Virginia-based 4th US Circuit Court of Appeals said it was denying the administration's request while the appeal proceeds. The Supreme Court issued an order this month saying the ban can be enforced while challenges to the policy make their way through the legal system.