Sunday 5 February 2017

Donald Trump administration's request to restore travel ban denied by US appeals court

Posted by sizzledfeed on 04:05

Donald Trump administration's request to restore travel ban denied by US appeals court

A US appeals court has rejected the Trump administration's request to immediately reinstate its travel ban barring citizens from seven mainly Muslim countries and temporarily banning refugees.

A federal judge temporarily invalidated the ban on Friday night (local time), and the US Justice Department today filed a formal appeal against the ruling.

"We'll win. For the safety of our country, we'll win," Mr Trump told reporters at his private Mar-a-Lago resort in Florida.

But on Sunday evening, the US Court of Appeals for the 9th Circuit denied the request.

"Appellants' request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied," the ruling said.

The Trump administration had said Judge James L Robart overstepped his authority by temporarily blocking the ban nationwide, with Mr Trump calling the ruling ridiculous.

"Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision," he tweeted yesterday.

The appeal court's denial of an immediate stay means the legal battles will continue for days at least.

A reply from the Justice Department in support of the emergency appeal is due on Monday.

'President should decide who can enter US'

Acting solicitor-general Noel Francisco forcefully argued on Saturday night (local time) that the President alone had the power to decide who could enter or stay in the United States — an assertion that invokes the wider battle to come over illegal immigration.

"The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control," a brief said.

The order has caused unending confusion for many foreigners trying to reach the United States, prompted protests across the country and led to multiple court challenges.

Demonstrations have taken place outside the White House, in New York and near Mr Trump's estate in Palm Beach, Florida.

PHOTO: Protesters push a casket representing the "Death of Democracy" down Flagler Drive in West Palm Beach. (AP: Michael Ares)

The State Department, after initially saying that as many as 60,000 foreigners from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen had their visas cancelled, later reversed course and said they could travel to the US if they had a valid visa.

The Homeland Security Department is no longer directing airlines to prevent visa-holders affected by Mr Trump's order from boarding US-bound planes.