Emel Ersan Law Office - Immigration Law

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Trump's Second Ban Shot Down Again by Appeals Court

Trump’s Second Ban Shot Down Again By Appeals Court
This week the Ninth Circuit Court of Appeals determined that the president exceeded his authority by issuing an Executive Order (EO) that did not respect the very statutes Congress enacted.
The Court found that the EO’s reasons do not support the conclusion that the entry of nationals from the six countries would harm national interests. Through the EO, the president took measures that were incompatible with the expressed will of Congress. No President has ever restricted the entry of such broad classes of people from any single country, let alone six as attempted through the EO. The EO made no finding that nationality alone renders entry of this broad class of people, which includes children, women and grandparents, a heightened security risk to the U.S. The order does not tie these nationals to terrorist organizations within these countries or provide any link between someone’s nationality and their propensity to commit terrorism. That’s why the Court found that the EO does not provide a rationale as to why entry of nationals from the six countries under current vetting procedures would be detrimental to the interests of the U.S., as required by the statute.

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