Ninth Circuit Decision on Travel Ban 2.0

News Release from Jewell Stewart & Pratt PC

On June 12, 2017 the U.S. Court of Appeals for the Ninth Circuit issued an order upholding the District Court’s decision to block President Trump’s second Executive Order regarding travel and refugee admissions (i.e., “Travel Ban 2.0”).

The Ninth Circuit’s order states that “the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress” and that “the Order runs afoul of other provisions of the INA that prohibit nationality-based discrimination.” The court affirmed the lower court’s decision to enjoin the travel ban and prevent suspension or limitations to the refugee program. However, the court also vacated the lower court’s decision to prevent the government’s internal reviews of visa issuance procedures.

The Ninth Circuit’s decision follows on the heels of the Fourth Circuit’s May 25, 2017 decision also blocking the ban. The administration is already seeing U.S. Supreme Court review of the Fourth Circuit decision.

© Jewell Stewart & Pratt PC 2017