วันศุกร์, กุมภาพันธ์ 10, 2560

ทรัมป์แพ้ ! ศาลอุทธรณ์ เห็นด้วยกับศาลขั้นต้น ให้ระงับคำสั่งห้ามพลเมือง จาก 7 ประเทศมุสลิมเข้าเมือง - Federal appeals court maintains suspension of Trump’s immigration order




Isahaq Ahmed Rabi greets extended family members as Washington Gov. Jay Inslee, left, and Port of Seattle Commissioner President Tom Albro applaud. Rabi was blocked from entry to the U.S. after President Trump’s immigration order went into effect but arrived on Feb. 6 after a federal judge suspended it. (Elaine Thompson/AP)


National Security

Federal appeals court maintains suspension of Trump’s immigration order

By Matt Zapotosky February 9 at 6:11 PM
Source: Washington Post

A federal appeals court has maintained the freeze on President Trump’s controversial immigration order, meaning previously barred refugees and citizens from seven Muslim-majority countries can continue entering the U.S.

A panel with the U.S. Court of Appeals for the 9th Circuit upheld the ruling of U.S. District Judge James Robart, who had decided Friday that Trump’s temporary travel ban should be put on hold. The Department of Homeland Security soon suspended all enforcement of Trump’s controversial directive.

[Read the 9th Circuit’s opinion on the travel ban]


The Justice Department, representing the Trump administration, could now ask the Supreme Court — which often defers to the president on matters of immigration and national security — to intervene. The Supreme Court, though, remains one justice short, and many see it as ideologically split 4-4. A tie would keep in place whatever the appeals court decides.

A Justice Department lawyer, representing the Trump administration, and Washington state’s solicitor general, representing the opposition, made their final pitches to the appeals court Tuesday at a contentious hearing. Both sides faced skeptical questioning, and the panel seemed particularly interested in what evidence Trump relied upon in implementing his order, and what limits the Justice Department saw on the president’s authority to set immigration policy.

[Trump decries ‘disgraceful’ opposition as appeals court weighs immigration order]

Judge Michelle Taryn Friedland, who was appointed by President Barack Obama, asked a Justice Department lawyer if the government had “pointed to any evidence connecting these countries with terrorism.”

Judge Richard Clifton, a President George W. Bush appointee, noted that the government already had processes in place to screen people coming from those countries and asked, “Is there any reason for us to think that there’s a real risk or that circumstances have changed such that there’s a real risk?”

“The president determined that there was a real risk,” responded the August E. Flentje, the Justice Department lawyer.

Washington state Solicitor General Noah Purcell asserted that reinstating the ban would “throw the country back into chaos,” and he pleaded with judges to maintain the status quo of the past several days. He asserted that Trump’s order was intentionally discriminatory, pointing to public statements from Trump and his allies as evidence.

Former New York mayor Rudolph W. Giuliani, for example, recently said: “So when [Trump] first announced it, he said, ‘Muslim ban.’ He called me up. He said: ‘Put a commission together. Show me the right way to do it legally.’ ” On the campaign trail, Trump himself called for a “complete and total shutdown” of Muslims entering the U.S.

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(CNN)President Donald Trump's travel ban will remain blocked, a federal appeals court ruled Thursday.


The unanimous ruling from a three-judge panel means that citizens of seven majority-Muslim countries will continue to be able to travel to the US, despite Trump's executive order last month.

"On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies," the judges wrote.

"And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this...

The emergency motion for a stay pending appeal is denied."

It is a significant political setback to Trump's new administration and raises questions about how the courts will view his apparent vision for an expansive use of executive power from the Oval Office on which he is anchoring the early weeks of his presidency.

Trump immediately tweeted his reaction to the ruling: "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"

The Justice Department is reviewing the decision, it said in a statement.

The order bars citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria.

Trump issued the travel ban January 27, causing chaos, confusion and protests at international airports as the legal status of people in transition was suddenly thrown into question. Lawsuits have been filed across the country, but it was one from federal Judge James Robart in Seattle last Friday that blocked the travel ban nationwide, clearing the way for resumed travel from the seven countries.

The legal drama over the immigration executive order was the first episode in what could be a series of legal challenges to Trump's governing style and agenda and represents the first confrontation between his White House and the checks and balances of the American political system.

"The Trump administration has lost dramatically and completely, and they're going to have to decide what to do next," said Jeffery Toobin, a CNN political analyst, on "The Situation Room." "This decision will have a lot more public credibility because it is unanimous, and I think it complicates the Trump administration's attempt, if they choose to make it, to disparage this decision as a political act."

Trump has already indicated that he would take the case all the way to the Supreme Court if necessary, a move that would set up a legal showdown of even higher stakes and visibility.
This story is breaking and will be updated.

CNN's Sara Snider contributed to this report.