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[ December 11, 2019 ]

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Judge blocks Trump’s latest travel ban order


This judge needs to take a trip to all of the millions of graves of the victims of jihad. The left is determined to prevent Trump from defending the country. They would rather see America destroyed.

“Judge blocks Trump’s latest travel ban order,” by Josh Gerstein, Politico, October 17, 2017 (thanks to Van):

President Donald Trump’s third attempt to implement a travel ban has, for now, met the same fate as the previous two: blocked by litigation in the the federal courts.

In an effort to salvage the policy in the face of a legal onslaught, White House and Justice Department lawyers repeatedly refined the presidential directive, sometimes incurring Trump’s public wrath over changes he dismissed as “politically correct.”

None of those adjustments appeared to matter much to Honolulu-based U.S. District Court Judge Derrick Watson, who blocked Trump’s second travel ban in March and granted a temporary restraining order against the third one on Tuesday.

Watson concluded that Trump’s latest effort, a proclamation issued last month restricting travel to the U.S. by citizens of eight countries, still appeared to run afoul of federal immigration law.

The State Department confirmed Tuesday afternoon that the decision effectively rescinded much of Trump’s policy, at least for the time being, prompting officials to “resume regular processing of visas” for nationals of Chad, Iran, Libya, Somalia, Syria, and Yemen.

Restrictions Trump was set to add on travel by North Koreans and certain Venezuelan government officials were not disturbed by the ruling and will take effect as planned on Wednesday, officials said. However, those limits affect few travelers.

The other six nations covered in the latest ban are majority Muslim.

Tuesday’s ruling notes that Trump has never renounced or repudiated his campaign-trail promise to ban Muslims from traveling to the U.S. and that critics have observed his recent tweets show his “record has only gotten worse.”

However, Watson does not dwell on that issue, nor did he delve into the question of whether Trump’s new order is — as critics contend — yet another attempt to follow through on the promised Muslim ban.

Instead, the judge said in his 40-page ruling that Trump’s justification for the travel restrictions contained in his Sept. 24 directive was insufficient to invoke a provision in federal law allowing the president to block admission of “any class of aliens….detrimental to the interests of the United States.”

Trump’s order “contains internal incoherencies that markedly undermine its stated ‘national security’ rationale,” wrote Watson, an Obama appointee. “Numerous countries fail to meet one or more of the global baseline criteria described in [the directive], yet are not included in the ban…Moreover, [the order’s] individualized country findings make no effort to explain why some types of visitors from a particular country are banned, while others are not.”

Watson also said Trump’s order was too sweeping to address the concerns the president set forth about inadequate intelligence sharing by foreign governments regarding travelers who could pose terrorist threats.

“The generalized findings regarding each country’s performance…do not support the vast scope of” the directive, the judge wrote. “In other words, the categorical restrictions on entire populations of men, women, and children, based upon nationality, are a poor fit for the issues regarding the sharing of ‘public-safety and terrorism-related information’ that the President identifies.”

“This leads to absurd results,” Watson added, calling the new policy both “overbroad and underinclusive.”

A Justice Department spokesman vowed to appeal.

“Today’s ruling is incorrect, fails to properly respect the separation of powers, and has the potential to cause serious negative consequences for our national security,” spokesman Ian Prior said. “The Department of Justice will appeal in an expeditious manner, continue to fight for the implementation of the President’s order, and exercise our duties to protect the American people.”

A statement released by the White House, but not attributed to any specific official there, decried the ruling.

“Today’s dangerously flawed district court order undercuts the President’s efforts to keep the American people safe and enforce minimum security standards for entry into the United States,” the statement released by the Office of the Press Secretary said. “These restrictions are vital to ensuring that foreign nations comply with the minimum security standards required for the integrity of our immigration system and the security of our Nation. We are therefore confident that the Judiciary will ultimately uphold the President’s lawful and necessary action and swiftly restore its vital protections for the safety of the American people.”…

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