WASHINGTON, D.C. – The 9th Circuit Court of Appeals has denied President Donald Trump’s emergency appeal to reinstate his immigration and travel restrictions placed on people from certain Middle Eastern countries.
At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry into the United States of individuals from seven countries. Two States challenged the Executive Order as unconstitutional and violative of federal law, and a federal district court preliminarily ruled in their favor and temporarily enjoined enforcement of the Executive Order. The Government moved for an emergency stay of the district court’s temporary restraining order while its appeal of that order proceeds.
To rule on the Government’s motion, the appeals court considered several factors, including whether the Government (Trump Administration) has shown that it is likely to succeed on the merits of its appeal, the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay. The court says it “assessed those factors in light of the limited evidence put forward by both parties at this very preliminary stage and are mindful that our analysis of the hardships and public interest in this case involves particularly sensitive and weighty concerns on both sides.”
On January 27, 2017, the President issued Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States”. Citing the terrorist attacks of September 11, 2001, and stating that “numerous foreign-born individuals have been convicted or implicated in terrorism- related crimes” since then, the Executive Order declares that “the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.” Id. It asserts, “Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”
The Executive Order makes several changes to the policies and procedures by which non-citizens may enter the United States. Three are at issue here.
First, section 3(c) of the Executive Order suspends for 90 days the entry of aliens from seven countries: Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.
Second, section 5(a) of the Executive Order suspends for 120 days the United States Refugee Admissions Program. Upon resumption of the refugee program, section 5(b) of the Executive Order directs the Secretary of State to prioritize refugee claims based on religious persecution where a refugee’s religion is the minority religion in the country of his or her nationality.
Third, section 5(c) of the Executive Order suspends indefinitely the entry of all Syrian refugees. Id. Sections 3(g) and 5(e) of the Executive Order allow the Secretaries of State and Homeland Security to make case-by-case exceptions to these provisions “when in the national interest.” Section 5(e) states that situations that would be in the national interest include “when the person is a religious minority in his country of nationality facing religious persecution.”
The Executive Order requires the Secretaries of State and Homeland Security and the Director of National Intelligence to evaluate the United States’ visa, admission, and refugee programs during the periods in which entry is suspended.
The impact of the Executive Order was immediate and widespread. It was reported that thousands of visas were immediately canceled, hundreds of travelers with such visas were prevented from boarding airplanes bound for the United States or denied entry on arrival, and some travelers were detained. Three days later, on January 30, 2017, the State of Washington filed suit in the United States District Court for the Western District of Washington, challenging sections 3(c), 5(a)-(c), and 5(e) of the Executive Order, naming as defendants the President, the Secretary of the Department of Homeland Security, the Secretary of State, and the United States (collectively, “the Government”). Washington alleged that the Executive Order unconstitutionally and illegally stranded its residents abroad, split their families, restricted their travel, and damaged the State’s economy and public universities in violation of the First and Fifth Amendments, the INA, the Foreign Affairs Reform and Restructuring Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. Washington also alleged that the Executive Order was not truly meant to protect against terror attacks by foreign nationals but rather was intended to enact a “Muslim ban” as the President had stated during his presidential campaign that he would do.
Washington asked the district court to declare that the challenged sections of the Executive Order are illegal and unconstitutional and to enjoin their enforcement nationwide. On the same day, Washington filed an emergency motion for a temporary restraining order (TRO) seeking to enjoin the enforcement of sections 3(c), 5(a)-(c), and 5(e) of the Executive Order. Two days later, Washington’s Complaint was amended to add the State of Minnesota as a plaintiff and to add a claim under the Tenth Amendment. Washington and Minnesota (collectively, “the States”) jointly filed an amended motion for a TRO. The Government (Trump Administration) opposed the motion the next day, and the district court held a hearing the day after that.
That evening, the court entered a written order granting the temporary restraining order TRO.
In conclusion, the 9th Circuit Court of Appeals held that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and therefore denied its emergency motion for a stay.
Democratic Leader Nancy Pelosi released the following statement after the 9th Circuit Court of Appeals unanimously refused to lift the nationwide halt on President Trump’s executive order banning refugees and citizens from seven Muslim countries:
“The 9th Circuit’s unanimous ruling is a victory for our Constitution and our fight against terrorism. National security experts have urgently warned us that the President’s ban is not just immoral and unconstitutional, but downright dangerous.
“This Administration’s recklessness has already done significant harm to families, and undermined our fight against terror. For the sake of our values and the security of America, Democrats will continue to press for President Trump’s dangerous and unconstitutional ban to be withdrawn.”
President Trump immediately declared that the matter was not over. Via Twitter, he said “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!
— Donald J. Trump (@realDonaldTrump) February 9, 2017
3-0
— Hillary Clinton (@HillaryClinton) February 10, 2017
Court ruling against President Trump is a learning moment for Americans & for the world about our system of checks and balances on power.
— Dan Rather (@DanRather) February 10, 2017
I am sure glad the Nazicrats didn’t win this election. Trump sure exposed you hateful jack booted thugs. Got to hand it Wachdog he is spot on and not afraid to call for what it is. There is no turning back from this fight now.
Well, this old timer agrees with the Dog. George Soros may have you signed onto his plan to turn America into a Socialist State but you best remember those 40 or so countries that bought into your brand of government eventually ended up rejecting it and over 100 million people died overthrowing your kind of government.
Breitbart and that “George Soros is the boogeyman” meme…complete bullshit. But I will say this…if in the 2018 midterm elections Americans opt to vote total Republican and push Democrats further out of power…I will consider leaving the country at that point. As of now, I’m allowing for the Clinton debacle conundrum, and giving Americans a break because Trump was the disruptive choice…but if Americans continue down this ALL RED path…then I’m out. I will concede America to be lost at that point, and will start seeking out a new homeland.
You had better just leave now, because they have already lost.
I see this has become a liber hangout. Tree huggers and snorters seem be taking the country over.
Old saying for you libs to think about. Stupidity is fatal.
When we all decide to leave…you’ll be hanging with Enos and Amos, and Bucktooth little Cheri and Darla, and Constance. Then you’ll look up from your idyllic hunting fishing trip and wonder why you caught nothing, and why Darla is coughing up blood, and why the river has sludge in it. You’ll turn on your TV to see Jerry Falwell and Oral Roberts reruns, and you’ll wonder why Duck Dynasty is on 7 channels now instead of 1. You’ll be living in that tiny shack with no power, and it will feel liberating for a few years, until your presence is required in the coal mines and you are shipped on a boxcar to the Alleghany mountains. We’ll all be gone, and watching the whole thing unfurl from satellite broadcasting and shaking our heads thinking ” Poor racist American bastards…who thought they didn’t need the LEFT…until we actually LEFT.”
Jeff Sessions…wow. The guy is a dim lightbulb outside of his being a proven lifelong racist. Trump is sumthin else. I doubt Jeff Sessions even understands how to practice law. This is ridiculous and a complete sham. Trump wants to control his cabinet…is the only explanation.
Nada, Larry, Code Breaker, Anon, Orangatang, and hate filled liberal snowflakes. I realize you can’t wait to euthinize all the old folks and overthrow the government and steal the wealth and hard work of those that built this country.
Yes, you are in for a fight. You may think you are cute thinking you can push the majority into the corner but you have a rude awaking.
Time for your pity party to end!
Hey dog…. you are in absolute denial if you think that the color of this country will forever remain predominantly white. We are becoming more and more diverse and at some point we will need to learn how to get along with one another.
Oddly enough though, only 20% of the nations prison population is white. With all this projected diversity, we are going to need to drastically increase our prison capacities.
Your wrong. Trump is in, if blacks and browns keep committing crimes, the victims will blast them to kingdom come. We also will use our votes to keep them from making welfare babies when they should be working. Remember how our fore fathers use to play cowboys & indians. OK then, well look what happen to the Mexican’s in the war against the U.S.A. Them people that was with Martin Luther King, they were lucky they had Johnson for the President back then. If Reagan or Trump would of been in back then, they would of never got as far as they did. I am not racist, we know some good black’s but they ones here in Mason, them D-boyz, they best get out while they can. If they keep making trouble, they will not last to long, oh yes.
LOL at you being the “majority”.
Hey Hot Dog, look at it another way. In the beginning this entire continent was home to people of color. Mostly Red and Brown. Then along came the White guys and stole all of it, everything for trinkets and booze. Whitie got all powerful and decided that he needed more and that he had a right to own another human being. So he added color again to the mix, this time Black. The moral is that you sow what you reap and it is coming back to haunt him.
The cream rises to the top, the white man took over. What fools people must have been, to allow someone else to own then. Signs of inferiority then, still true today
Black might be beautiful, tan may be grand, but white be the color of the big boss man.
Watchdog, I am one of the “old folks” that you referred to.
I spent a year in the Mekong Delta in 1970, finished college & have worked my entire life.
What I take issue with is the ignorant & stupid old fools like you, LVS and “Honest” Abe that gives younger people pause to wonder if we are all clueless old idiots like you.
Most people garner knowledge & some wisdom as they age, yet there are a few like you clowns that seem to have devolved.
To you younger folks, and trust me on this one, most of my generation is not as idiotic & ignorant as the likes of Watchdog seems to portray.
It is just that he and that ass-clown LVS have big mouths but without the intelligence to match.
There are fools & idiots of every age group and sadly it just so happens that watchdog, LVS and Abe are in my age group.
Thanks Anon. Most of us knew the truth of which you speak all along but your reminder and affirmation is refreshing.
You guys are clearly lifelong white supremacists. The map flipped red because the DNC opted to run crony Clinton. A bad mistake. It won’t be red for long so don’t do anything you’ll regret in 2 years. Impeachment is very possible.
Jeff Sessions could declare Hillary the Hag public enemy #1 –
Code breaker – we old white folks have no criminal history – therefore we carry – most ex military – see how that works out for you hollow point.
Nada the leader of the NWO – we know the Constitution – it was clearly violated by your demorat corrupt circus court of appeals in California ( slime area of the US) . You treasonous scum played your whole card too soon. NOW we know your game plan and you will defeated as the japs were in WW2. You cruds are only 20% as smart as your talk. BE GONE>
You are very uneducated
You are a over-educated snob!
Well thank you
This will never hold. They will come back stronger than ever. All the 9th liberal circus has done is sign their own death warrant.
Kool-Aid Drinker
By by old white guys. Your generations to come will have brown or black skin tones…….. right back to where you started from.
This country has been taken over.
By racists and their orange cheeto king. Thankfully the checks and balances of our government, put in place by the founding fathers, are working as they should. His unconstitutional ban isn’t happening rednecks.
AMEN
This will be overturned and you traitors will lose again. I just hope if there is a terrorist attack before he gets control it is you and your family that gets hit.
That is not a very nice thing to say L.V.S.
That kind of makes you in the same mentality as the terrorist, and here I though you were a true American all this time and you are no different then the terrorist themselves. Shame on you.
An assmonkey is defined as a person who, for all intents and purposes, has never learned a god-damned thing. One who maintains a blissful ignorance of the world that simultaneously inspires amusement, disgust and despair in all who are unlucky enough to encounter him. Aka LVS
Special shout out to the SAG extra in California who believes his white genes are genetically superior to black genes. You’re losing bud.
No doubt about it Snowflake!
Actually why is he still in California? With his mentality he belongs in Alabama or Mississippi. His politics need to be exposed to the liberal actors and directors he works around.