Jesse Byrnes and Julia Manchester report for The Hill:
“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.
U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.
The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.
Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.
The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.
The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.
The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.
The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”
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Read the complete article over at The Hill at the link.
Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban” cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.
PWS
12-26-17
Thanks everyone concerned with this topic. I sincerely hope you are having the happiest holiday season.
Especially Happy Kwanzaa, today, to everyone to whom that matters. Our African American brothers’ struggles have really helped safeguarding America’s Democracy Guide rails. Lots of the law being applied to preserve due process for our New Americans derives from the gains African Americans fought for, and won for all Americans after the Civil Rights 1960s struggle as our original victims of racial hate. Happy New Year Everyone!
Is this a GREAT COUNTRY or what!
G
We will also get through this. Travel Bans 1.0 and 2.0 were found unconstitutional in many ways by every court that considered them before they became moot after more than their 90-day expiration date expired. That’s settled law now.
Travel Ban 3.0 will likely be held “constitutional” with minor modifications the Roberts Court will elucidate like honey, to make the medicine go down. That will be the LAW then.
Count on the Trump Travel Ban 3.0 to be be modified by the Supreme Court as too narrow as to family relations, at least. But also that the Supreme Court will rule that excluding Grandma from visiting Disney World with the rest of the family is too much deference to the Executive, specially Trump (left unmentioned).
That also allows the Supreme Court to decide this difficult issue politely as “statutory gloss” instead of as constitutional law, always helpful for immigration law issues. Happy New Year.
G
BIA Member Fred Vacca always explained that it was more permanent for the courts to rule on difficult immigration cases politely as “statutory gloss” instead of as constitutional law, for immigration law issues. And that immigrants who staked their whole life in becoming Americans needed certitude more than anything else, so they ac accordingly.