Published: Tue, May 16, 2017
Money | By Armando Alvarado

US appeals court to review Trump revised travel ban

US appeals court to review Trump revised travel ban

US district judges in Hawaii and Maryland have ordered key sections of the president's order frozen, and to fully reinstate the measure, the Justice Department would have to win in both the 4th and 9th circuits - or escalate the dispute to the Supreme Court. Judge Roberts has not had a chance to rule on a forthcoming request (not even filed yet) by the ACLU to block enforcement of the revised executive order, as other judges have. United States, which upheld Roosevelt's executive order.

"The executive order is fully lawful and will be upheld".

Wall pointed to a previous US Supreme Court case that said courts couldn't look behind certain immigration-related decisions if, on their face, they presented a legitimate objective and the government's actions had a rational relationship to that goal.

Arguments have wrapped up in a federal appeals court in Seattle over President Donald Trump's travel ban. The U.S. Supreme Court, in another case, ruled similarly three years later.

As part of that ruling, Watson cited Trump's campaign statements on Muslims as evidence that his executive order was discriminatory.

"We have not seen anything like this in our lifetime in which a president is establishing a disfavored religion", Katyal said.

On Monday a three-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle heard Hawaii's lawsuit challenging the ban, which would suspend the nation's refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. In issuing his decision blocking the ban in March, Judge Derrick Watson in Honolulu cited what he called "significant and unrebutted evidence of religious animus" in Trump's campaign statements.

Neither the 4th nor the 9th Circuit Court, which hears arguments May 15, is likely to oblige the government, experts say.

Nabih Ayad, attorney for the Arab-American Civil Rights League, said that while Trump has argued his order isn't a "Muslim ban", "he is fighting incredibly hard to keep the public in the dark about any background information related to his executive order".

UNESCO Approves Resolution Denying Israeli Claims to Jerusalem
Its sponsors claim it's about "safeguarding the cultural heritage of Palestine and the distinctive character of East Jerusalem ". " Israel will not sit by while the organization calls for the denial of our sovereignty in Jerusalem", Netanyahu stated.

Katyal said no, and suggested the president could work with Congress on legitimate measures.

The administration's lawyers are seeking to persuade the judges that the lower court's decision is "fundamentally wrong", and that the president's order falls squarely within his duty to secure the nation's borders. That court is largely made up of Democrats, and the judges' questioning appeared to break along partisan lines. "This case is not Korematsu, I wouldn't be standing here and the United States would not be defending it", Wall said.

Today at 12:30 ET a three-judge panel of the Ninth Circuit is sitting in Seattle for oral argument in the travel ban case Hawaii v. Trump.

Federal courts around the country have found that Giuliani's statements, as well as Trump's campaign rhetoric, evince an intent to discriminate against Muslims. The travel ban executive order doesn't mention Islam, and the administration has repeatedly denied that it's a Muslim ban.

Previous presidents have blocked certain foreign nationals: Jimmy Carter used his authority to deny some Iranians entry to the US during the hostage crisis, Ronald Reagan to bar Cubans who didn't already have relatives here; and President Barack Obama to keep out North Korean officials.

"This order is aimed at aliens overseas, who themselves don't have constitutional rights", Wall said during Monday's hearing, which was broadcast live on C-Span and other news outlets.

Arguments are underway in Seattle over whether to reinstate President Donald Trump's travel ban. The 4th Circuit heard the case with all its judges, a step the 9th Circuit declined to take.

Last week, a federal judge in MI ordered the Trump administration to turn over communications from former NY mayor Rudolph Giuliani and other advisers - whose comments judges nationwide have pointed to as they have ordered to freeze the ban.

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