President Trump asks for Supreme Court review of immigration policy

Frederick Owens
January 20, 2018

A three-judge panel of judges on the 9th US Circuit Court of Appeals ruled a year ago that travel ban 3.0 exceeds the President's authority, calling it "an executive override of broad swaths of immigration laws that Congress has used its considered judgment to enact".

They prevailed before a US District Court in Hawaii and before a three-judge panel of the 9th US Circuit Court of Appeals in San Francisco.

The justices' decision to hear the case follows a series of lower court rulings against the third version of the ban, which is meant to block citizens of countries deemed security risks from entering the United States.

But another provision, enacted in 1965 during the civil rights era, says people seeking an immigration visa to come to the United States shall not be "discriminated against ... because of the person's race, sex, nationality, place of birth or place of residence".

The Republican president has said the policy is needed to protect the United States from terrorism by Islamic militants.

A Justice Department spokesman declined to comment. He added that the third order had been the result of "an extensive, worldwide review by multiple government agencies".

The high court's decision to hear the case sets up what will be a closely-watched hearing that should finally resolve the heated, controversial debate. The countries on the list are those that do not share that information or present "other heightened risk factors", Francisco said.

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Under a law called the Immigration and Nationality Act, a president can restrict entry only of those deemed a potential threat or in certain emergency situations.

"The immigration laws do not grant the President this power", Katyal said.

Trump's plan is to restrict travel to people from eight nations, six of them predominantly Muslim, but also North Korea and some groups of officials from Venezuela.

There are some exceptions to Trump's most recent ban. The justices in June allowed much of the travel ban to take effect, except for those who already had established close ties to people or institutions in this country.

The said Friday it will take up the latest version of President 's travel ban, and in particular asked to hear arguments on whether the president showed illegal animosity toward Muslims.

Courts in Seattle and Maryland ruled the current ban unlawful, prompting the administration to appeal.

Opponents of President Trump's immigration travel ban protested outside the Supreme Court last month.

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