Appeals court rules against Trump’s immigration ban

A protester holds a sign in front of the Ninth U.S. Circuit Court of Appeals in San Francisco on Tuesday. On Thursday, the appellate court issued its ruling in the legal battle over President Donald Trump's controversial executive order that temporarily bans immigrants and refugees from traveling to the United States. Photo by Terry Schmitt/UPI | License Photo

Feb. 9 (UPI) — A federal appeals court in San Francisco on Thursday ruled to uphold the nationwide injunction that’s blocking President Donald Trump‘s temporary ban on immigrants and refugees.

The Ninth Circuit Court of Appeals announced its decision late Thursday afternoon, two days after it heard arguments on both sides of the issue from Justice Department and plaintiffs’ attorneys.

The court unanimously ruled in favor of the plaintiffs, by a vote of 3-0, which continues the restraining order across the United States and keeps Trump’s order from being implemented.

The decision is a major victory for opponents of the ban and a major defeat for the president’s administration.

The Justice Department argued to the court Tuesday that the executive action should not be subject to judicial review because the president of the United States has broad legal authority granted by the Constitution and Congress to act in the national interest.

Trump and his administration have said repeatedly that the temporary ban is a security action intended to give the government time to assess a permanent travel and visa policy for migrants.

The opponents in the case, the states of Washington and Minnesota, have argued that Trump’s order is discriminatory toward Muslims and stands to cause irreparable harm to the country, individual states and to the refugees and immigrants themselves.

The order, signed by the president Jan. 27, temporarily suspends U.S. entry for refugees worldwide and bars U.S. travel for immigrants of seven predominantly Muslim countries — Iran, Iraq, Syria, Libya, Sudan, Somalia and Yemen — for 90 days.

The case is widely expected to end up at the U.S. Supreme Court, which remains at eight members. It’s unclear when Trump’s high court nominee, federal appellate judge Neil Gorsuch, will receive consideration or confirmation by the Senate. It’s also unknown whether Gorsuch will be seated before the court hears and rules on the case involving Trump’s immigration order.

Wednesday, Sen. Richard Blumenthal, D-Ct., said Gorsuch has communicated to him that he was “disheartened” by remarks Trump made last week toward the Seattle judge who granted a national injunction against the president’s order.

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