Trump's travel restriction stopped on the grounds of ' discrimination '

Pauline Gross
October 19, 2017

Amidst all the recent discussion of sanctuary cities, Dreamers and DACA, you may have forgotten that President Trump's other controversial move impacting immigrants and travelers into the United States, primarily those from Muslim-majority nations, remains in play after a third attempt by Trump and the Department of Justice to issue a broad-reaching travel ban. Neither of the court rulings lifts the restrictions on North Korea and Venezuela.

The administration's third travel ban, issued September 24, came just as the second, revised version of the travel ban reached its expiration date and the 50-day deadline for worldwide compliance with the US's new security requirements passed.

"It lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be 'detrimental to the interests of the United States, '" and it "plainly discriminates based on nationality". Now, less than a day before the latest ban - issued in late September via executive proclamation - was set to take effect, a federal judge in Hawaii has issued a nationwide order temporarily blocking the ban, as the New York Times reports.

Chuang issued a preliminary injunction, which is also procedurally distinct from Judge Derrick Watson's order in Hawaii and has no expiration date.

Trump's attempts to enforce the ban have been controversial, with claims that the President is attempting to prohibit Muslims from entering the country, with North Korea and Venezuela only included to deflect such criticisms. "That is strong evidence that this is not some kind of Muslim ban in disguise". The president had then revoked and replaced his first travel ban, which had also been held up in court.

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Washington previously said the DPRK had been included in the list of banned countries as it "does not cooperate with the United States Government in any respect and fails to satisfy all information-sharing requirements".

The latest ban, announced last month, was the third version of a policy that targeted Muslim-majority countries but had been restricted by the courts.

But Chuang wrote that he was unmoved that government had simply relied on the results of their review, and instead believed they made "certain subjective determinations that resulted in a disproportionate impact on majority-Muslim nations".

Chuang wrote that the president's public statements "not only fail to advance, but instead undermine, the position that the primary goal of the travel ban now derives from the need to address information sharing deficiencies".

Other reports by GizPress

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