Federal appeals court declines to reinstate immigration order

Federal appeals court declines to reinstate immigration order

The US Court of Appeals for the Ninth Circuit [official website] on Saturday denied [order, PDF] the Trump administration’s motion to reinstate immigration restrictions until the case could be heard by the court. The emergency motion [text, PDF] to reinstate the immigration restrictions was filed by the Trump administration on Friday, arguing that only the president can decide who can enter the US and that the district court had “overreached” by second guessing the president’s decision in a matter of national security. Saturday’s ruling means that the restrictions will be suspended until arguments have been heard by the court. The court gave the two states challenging the executive order, Minnesota and Washington, and the Trump administration utnil Monday to file further briefs. The restraining order [text, PDF] was granted by a judge for the US District Court for the Western District of Washington [official website] on Friday following a hearing .

Trump signed the executive order [JURIST op-ed] in late January. Only a day later, a judge for the Eastern District of New York issued an emergency stay [JURIST report], temporarily preventing execution of the law, until the question of whether it applied to valid visa holders could be resolved. That issue was resolved by a district judge in Michigan, who ordered [JURIST report] that the travel ban could not be applied to legal citizens, including those holding visas.