Trump's Travel Ban Suffers Yet Another Setback
- Author: Sidney Guerrero Feb 15, 2017,
Feb 15, 2017, 0:55
The finding therefore maintains the prohibition on the federal government from implementing its executive order to enforce the travel ban from seven Muslim-majority nations.
"The president himself acknowledged the conceptual link between a Muslim ban and the EO (executive order)", Judge Brinkema wrote.
The ruling comes after a similar injunction imposed by a judge in Washington state. We presented a mountain of evidence showing this was the "Muslim ban" that President Trump promised as a candidate, while his administration failed to refute one shred of our evidence or provide any of its own to support its claims.
But the ruling by the 9th Circuit Court of Appeals was rooted more in due process grounds, said Virginia Attorney General Mark Herring, a Democrat who brought the lawsuit against Trump in Virginia.
The order already has been blocked by USA courts on the west coast, but a US district court hearing a challenge to the order from the US state of Virginia also issued a preliminary injunction against parts of the order late on February 13.
President Donald Trump's travel ban has been enjoined in Virginia.
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She noted that a "Muslim ban" was a key part of Trump's campaign, and a press release calling for it remains on his website.
"Maximum power does not mean absolute power", Brinkema wrote of the president's claim of statutory authority for the order under federal law.
The Yemeni men have since been allowed to enter the United States.
And unlike the temporary restraining order preventing deportation of such individuals (which expired last week), this new preliminary injunction will last through a trial on the constitutionality of the executive order in this case (unless later modified by the judge).
Meanwhile, in a filing to a Seattle federal court on Monday, the Department of Justice suggested it would not immediately turn to the U.S. Supreme Court to ask for the Trump administration's travel moratorium to be reinstated after an appeals court dealt it a blow last week.