Sunday, January 24, 2021
Hawai'i Free Press

Current Articles | Archives

Saturday, December 23, 2017
150M Muslims Barred: Ninth Circuit Finds Trump’s 3rd Travel Ban Illegal
By Selected News Articles @ 2:03 PM :: 3108 Views :: National News

Ninth Circuit Finds Trump’s 3rd Travel Ban Illegal

by William Dotinga, Court House News, December 23, 2017

(CN) – For the third time since President Donald Trump issued his first executive order banning entry into the United States by travelers from predominantly Muslim nations, the Ninth Circuit blocked the president’s efforts in a per curiam Christmas rebuke issued Friday.

Circuit Judges Michael Daly Hawkins, Ronald Gould and Richard Paez did, however, tailor this preliminary injunction to conform to a bit of U.S. Supreme Court advice: limit it to “foreign travelers who have a bona fide relationship with a person or entity in the United States.”

“For the third time, we are called upon to assess the legality of the president’s efforts to bar over 150 million nationals of six Muslim-majority countries from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the president’s power to curtail entry of foreign nationals,” the panel wrote.

“Those powers, however, are not without limit. We conclude that the president’s issuance of the proclamation once again exceeds the scope of his delegated authority,” the 77-page order continues.

The panel noted the president’s latest executive order fails because he did not satisfy a key prerequisite Congress attached to his suspension authority: he must make a legally sufficient finding that letting a particular person or group of people into the United States would be “detrimental to the interests of the United States.”

“The proclamation once again conflicts with the Immigration and Nationality Act’s prohibition on nationality-based discrimination in the issuance of immigrant visas,” the panel wrote. “Lastly, the president is without a separate source of constitutional authority to issue the proclamation.”

The panel, however, stayed its decision so the Trump administration can file the expected appeal with the Supreme Court.

Unlike its predecessors, the third version of Trump’s executive order seeks to block entry into the United States by citizens from eight nations, six of them predominately Muslim. Restrictions vary, but in most cases travelers from Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea and Venezuela will be barred from working, studying or vacationing here.

The panel’s decision largely upholds findings by a Hawaii federal judge, who in October let the part of the ban that applies to travelers from North Korea and Venezuela stand.

---30---

News Release from Hawaii AG: NINTH CIRCUIT RULES TRAVEL BAN 3.0 VIOLATES FEDERAL IMMIGRATION LAWS 

Reality:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT