Trumps Third Attempt at Muslim Travel Ban Fails with Federal Court Block

Screen Shot 2017-10-06 at 9.37.23 AMA federal judge has  blocked Trump’s Third faulty Executive Order from being implemented.  Today’s ruling in Hawaii v. Trump. This is likely to be appealed.

Judge Derrick K. Watson in Hawaii decision means that the administration cannot restrict the entry of travelers from six of the eight countries that officials said were either unable or unwilling to provide information the U.S. wanted to vet their citizens.

The latest ban was set to go into effect October 18, preventing various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela. Watson’s order stops it, at least temporarily, with respect to all the countries except North Korea and Venezuela.

Trump had been blocked by courts from imposing his last two versions of the travel ban, but the ultimate question of whether he ever had the authority to do so remains unclear.

The Supreme Court had been scheduled to hear arguments on the second (March 2017)  travel ban, which barred the entry of citizens from six Muslim majority countries and refugees from everywhere. But a key portion of that ban expired and Trump issued his latest ban before the hearing.

That prompted the SCOTUS justices to remove oral arguments from the calendar. They later dismissed one of the challenges to the March version of the ban.

Meanwhile, the State of Hawaii, the International Refugee Assistance Project and others who had sued over the March travel ban asked judges to block the new one. They argued that Trump had exceeded his legal authority to set immigration policy, and the latest measure — like the last two — fulfilled his unconstitutional campaign promise to implement a Muslim ban.

Unlike the other bans, the new ban is indefinite, and potentially permanent.

For Syria and North Korea, the proclamation blocked immigrants wanting to relocate to the United States and non-immigrants wishing to visit in some capacity. For Iran, the proclamation blocked both immigrants and non-immigrants, though it exempted students and those participating in a cultural exchange.

The proclamation blocked people from Chad, Libya and Yemen from coming to the United States as immigrants or on business or tourist visas, and it blocked people from Somalia from coming as immigrants. The proclamation named Venezuela, but it only blocked certain government officials.

The following is a statement from Johnathan Smith, legal director of Muslim Advocates, regarding today’s ruling:
Muslim Advocates has a pending motion in the U.S. District Court for the District of Maryland for a preliminary injunction against Muslim Ban 3.0 which was heard yesterday but has not yet been ruled on:
“Three times President Trump has tried to force his unlawful Muslim ban on the country and three times he has failed. Since Trump’s inauguration, the federal judiciary has played its long-honored and vital role as the safeguard of our nation’s Constitution, laws, and values. We applaud Judge Watson for continuing this tradition in today’s decision blocking the implementation of the administration’s bigoted and unjustified Muslim Ban 3.0. We thank and congratulate our colleagues and allies.
Our fight against this unlawful, egregious Muslim ban continues. We are currently awaiting an imminent decision from the U.S. District Court in Greenbelt, Maryland in Iranian Alliances Across Borders v. Trump. We hope that the court will join its counterpart in Hawaii in issuing an order blocking the ban from going into full effect.”
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