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A nationwide stay of President Donald Trump‘s travel ban was upheld Thursday by a panel of three federal judges, effectively blocking the enforcement of Trump’s ban on immigrants from seven majority-Muslim countries as well as refugees from all over the world.
SAN FRANCISCO (AP) _ US appeals court refuses to reinstate Trump’s ban on travelers from seven Muslim-majority nations
— Mark Sherman (@shermancourt) February 9, 2017
The stay does not mean Trump’s travel ban is unconstitutional. Instead, it simply prohibits the ban’s enforcement until the courts determine the legality of Trump’s executive order.
Still, it’s a win for opponents of the travel ban, who claim that the order, in essence, places a religious test on immigrants — which is unconstitutional thanks to the First Amendment.
In the unanimous decision, the court said lawyers for the Trump administration failed to prove that a temporary hold on enforcing Trump’s immigration order would “cause irreparable injury.”
The court also ruled that the ban violated the due process of immigrants from the seven banned countries who were living in the U.S. on valid visas and who had traveled abroad.
“The government has not shown that the executive order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel,” the judges wrote in their opinion.
The ruling had more harsh words for the Trump administration, saying lawyers for the government “pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States.”
— Emily C. Singer (@CahnEmily) February 9, 2017