Another US Appeals Court Just Smacked Down Trump's Muslim Ban 2.0

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The Trump administration’s revised Muslim ban was dealt another blow on Monday after a second federal court of appeals blocked it.

The new ruling by the U.S. Court of Appeals for the Ninth Circuit largely upholds a lower court’s injunction against the travel and immigration ban aimed at people from six Muslim majority countries, and follows a similar Fourth Circuit Court of Appeals ruling in May. 

“The Immigration and Nationality Act (“INA”) gives the President broad powers to control the entry of aliens, and to take actions to protect the American public,” the three judges wrote in their opinion. “But immigration, even for the President, is not a one-person show. The President’s authority is subject to certain statutory and constitutional restraints.”

“We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress,” the ruling states.


According to Margaret Huang, Amnesty International USA’s executive director, “It’s always been crystal clear that this policy is discriminatory and cruel at its core.”

“Rather than keeping anyone safe, this ban demonizes millions of innocent people and creates anxiety and instability for people who want to visit a relative, work, study, return to the country they call home, or just travel without fear. The Trump Administration must drop all defenses of this bigoted ban. If they won’t drop their appeals, Congress must step in and nullify this order once and for all,” Huang added.

Oxfam America also welcomed the development, with the organization’s president, Abby Maxman, saying the new ruling, along with the Fourth Circuit’s ruling, mark “a resounding victory for tolerance and freedom. The courts have once again struck down the Trump administration’s attempts to slam the door on refugees and discriminate against Muslims by executive order.”

Earlier this month, the Trump administration asked the U.S. Supreme Court to revisit the lower court’s rulings, an effort the American Civil Liberties Union decried as an attempt to revive “a discriminatory affront to the Constitution and the fundamental principle that our country does not discriminate on the basis of religion.”

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The new ruling vacated part of the lower court’s ruling allowing the government to conduct internal reviews.

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