Immigrant Travel Ban Remains Blocked Following Appeals Court Ruling

Feb 10, 2017

This post contains references to products from one or more of our advertisers. We may receive compensation when you click on links to those products. Terms apply to the offers listed on this page. For an explanation of our Advertising Policy, visit this page.

On Thursday night, the US Court of Appeals for the Ninth Circuit declined to reinstate the travel ban instituted two weeks ago by President Donald Trump’s executive order.

The suit and original motion for a stay of the executive order were brought against the Trump Administration by the Attorneys General of the states of Washington and Minnesota, who argued that the executive order was unconstitutional and violated federal law. The Federal District Court granted a preliminary ruling in favor of the states on February 7, which the Trump Administration appealed.

In its 29-page order, the Ninth Circuit ruled that “the States have offered ample evidence that if the Executive Order were reinstated even temporarily, it would substantially injure the States and multiple other parties interested in the proceeding.” It also noted that “the Government has not demonstrated that the States lack viable claims based on the due process rights of persons who will suffer injuries to protected interests due to the Executive Order.”

The ruling is not surprising, as two of the three judges on the appellate panel seemed skeptical of the Department of Justice’s position during oral arguments. However, the fact that the court ruled unanimously was slightly unexpected.

The executive order, originally signed by President Trump on January 27, closed the border to refugees from Syria indefinitely and to refugees from all other countries for 120 days. It also severely limited immigration from seven countries — Libya, Iran, Iraq, Somalia, Sudan, Syria, and Yemen — for 90 days. Originally the travel ban also covered permanent green card holders, but that restriction was later reversed by the Administration.

Other federal judges have also issued stays affecting portions of the President’s order, but the ruling that was appealed to the Ninth Circuit was issued by Judge James Robart of Federal District Court for the Western District of Washington (based in Seattle) and ordered a nationwide halt to enforcement of the entire ban. Shortly thereafter, the Department of Homeland Security suspended enforcement of the President’s order and the State Department reversed the cancellation of any visas that had been affected.

The Department of Justice says it is reviewing the Ninth Circuit’s ruling. It has the option to appeal to the Ninth Circuit en banc or ask the US Supreme Court to review the Ninth Circuit’s ruling.

Featured image courtesy of Lya Cattel/Getty Images.

Delta SkyMiles® Platinum American Express Card

Earn 50,000 bonus miles and 5,000 Medallion® Qualification Miles (MQMs) after you spend $2,000 in purchases on your new card in your first three months of card membership. Plus, earn up to $100 back in statement credits for eligible purchases at U.S. restaurants with your card within the first 3 months of membership.

With Status Boost™, earn 10,000 Medallion Qualification Miles (MQMs) after you spend $25,000 in purchases on your Card in a calendar year, up to two times per year getting you closer to Medallion Status. Earn 3X Miles on Delta purchases and purchases made directly with hotels, 2X Miles at restaurants and at U.S. supermarkets and earn 1X Mile on all other eligible purchases. Terms Apply.

Apply Now
More Things to Know
  • Earn 50,000 bonus miles and 5,000 Medallion® Qualification Miles (MQMs) after you spend $2,000 in purchases on your new Card in your first 3 months.
  • Plus, earn up to $100 back in statement credits for eligible purchases at US restaurants with your card within the first 3 months of membership.
  • Accelerate your path to Medallion Status, with Status Boost®. Plus, in 2021 you can earn even more bonus Medallion® Qualification Miles (MQMs) to help you reach Medallion Status.
  • Earn 3X Miles on Delta purchases and purchases made directly with hotels.
  • Earn 2X Miles at restaurants worldwide, including takeout and delivery and at U.S. supermarkets.
  • Earn 1X Miles on all other eligible purchases.
  • Receive a Domestic Main Cabin round-trip companion certificate each year upon renewal of your Card. *Payment of the government imposed taxes and fees of no more than $75 for roundtrip domestic flights (for itineraries with up to four flight segments) is required. Baggage charges and other restrictions apply. See terms and conditions for details.
  • Enjoy your first checked bag free on Delta flights.
  • Fee Credit for Global Entry or TSA Pre✓®.
  • Enjoy an exclusive rate of $39 per person per visit to enter the Delta Sky Club® for you and up to two guests when traveling on a Delta flight.
  • No Foreign Transaction Fees.
  • $250 Annual Fee.
  • Terms Apply.
  • See Rates & Fees
Regular APR
15.74%-24.74% Variable
Annual Fee
$250
Balance Transfer Fee
N/A
Recommended Credit
Excellent/Good
Terms and restrictions apply. See rates & fees.

Editorial Disclaimer: Opinions expressed here are the author’s alone, not those of any bank, credit card issuer, airlines or hotel chain, and have not been reviewed, approved or otherwise endorsed by any of these entities.

Disclaimer: The responses below are not provided or commissioned by the bank advertiser. Responses have not been reviewed, approved or otherwise endorsed by the bank advertiser. It is not the bank advertiser’s responsibility to ensure all posts and/or questions are answered.