Trump travel ban should not apply to
people with strong U.S. ties: court
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[December 23, 2017]
(Reuters) - A U.S. appeals court on
Friday said President Donald Trump's hotly contested travel ban
targeting people from six Muslim-majority countries should not be
applied to people with strong U.S. ties.
The 9th U.S. Circuit Court of Appeals, which covers several West Coast
states, also said its ruling would be put on hold pending a decision on
the latest version of the travel ban from the Trump administration by
the U.S. Supreme Court.
Since taking office in January, Trump has been struggling to enact a ban
that passes court muster.
A three-judge panel from the 9th Circuit narrowed a previous injunction
from a lower federal court to those people "with a credible bona fide
relationship with the United States."
It also said that while the U.S. president has broad powers to regulate
the entry of immigrants into the United States, those powers are not
without limits.
"We conclude that the President’s issuance of the Proclamation once
again exceeds the scope of his delegated authority," the panel said.
The ban targets people from Chad, Iran, Libya, Somalia, Syria and Yemen
seeking to enter the United States. Trump, a Republican, has said the
travel ban is needed to protect the United States from terrorism.
The state of Hawaii, however, challenged it in court, and a Honolulu
federal judge said it exceeded Trump's powers under immigration law.
Trump's ban also covers people from North Korea and certain government
officials from Venezuela, but the lower courts had already allowed those
provisions to go into effect.
The same three-judge 9th Circuit panel, which limited a previous version
of Trump's ban, heard arguments earlier this month.
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International passengers arrive at Washington Dulles International
Airport after the U.S. Supreme Court granted parts of the Trump
administration's emergency request to put its travel ban into effect
later in the week pending further judicial review, in Dulles,
Virginia, U.S., June 26, 2017. REUTERS/James Lawler Duggan
Trump issued his first travel ban targeting several Muslim-majority
countries in January, which caused chaos at airports and mass
protests.
He issued a revised one in March after the first was blocked by
federal courts.
That expired in September after a court fight and was replaced with
the current version.
The ban has some exceptions. Certain people from each targeted
country can still apply for a visa for tourism, business or
education purposes, and applicants can ask for an individual waiver.
“We are pleased that the Supreme Court has already allowed the
government to implement the proclamation and keep all Americans safe
while this matter is litigated. We continue to believe that the
order should be allowed to take effect in its entirety," U.S.
Justice Department spokeswoman Lauren Ehrsam said in a statement.
(Reporting by Dan Levine in San Francisco and Jon Herskovitz in
Austin, Texas; Additional reporting by Sharon Bernstein in
Sacramento, California; Editing by Tom Brownand Leslie Adler)
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