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Trump travel ban: White House appealing to supreme court after block upheld

Trump travel ban: White House appealing to supreme court after block upheld

The only examples Trump's order cited of immigrants born overseas and convicted of terrorism-related crimes in the United States include two Iraqis and a Somalian refugee, Gregory wrote.

The Justice Department will ask the Supreme Court to review a federal appellate court's order that on Thursday upheld a block of President Trump's executive order on travel and refugees.

Thursday's ruling by the U.S. Court of Appeals for the 4th Circuit was a loss for the administration.

The move came after the 4th Circuit Court of Appeals in Virginia upheld the stop placed on the ban by a lower court, the Hill reported.

The presidential executive order issued by Trump seeks to temporarily cut off visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.

The 4th Circuit Court of Appeals ruled 10 to 3 against Trump's travel ban, and indicated opponents of Trump were likely to succeed at trial in showing the policy violates U.S. constitutional prohibitions on religious discrimination.

The 10-3 majority in its decision cited Trump's campaign promises extensively to counter arguments by the government that the bans were not discriminatory but based on national security considerations.

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A similar ruling against Trump's policy from a Hawaii-based federal judge is still in place.

"This is not a Muslim ban. And even more so here, where the constitutional violation injures plaintiffs and in the process permeates and ripples across entire religious groups, communities and society at large". As evidence, the majority points to the President's level of consultation with national security agencies before issuing the Order; the content of internal Department of Homeland Security reports; the comments of former national security officials made in an amicus brief; and its own assessment of the national security threats described in the Order ...

The White House says it remains confident that President Donald Trump's travel ban is lawful and ultimately will be upheld by the courts. The first prompted chaos and was swiftly challenged in court.

It engages in its own review of the national security justifications supporting the Order and concludes that protecting national security could not be the President's "primary goal".

One judge, Stephanie Thacker, an appointee of President Barack Obama, said in a concurring opinion she would not consider statements by candidate Trump - but, she added, it wasn't necessary to.

Niemeyer wrote that the order was issued in direct response to the risk of terrorism from six majority-Muslim countries.

"It can not go unchecked when, as here, the president wields it through an executive edict that stands to cause irreparable harm to individuals across this nation", Gregory wrote.

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Sessions said the court's ruling blocks Trump's "efforts to strengthen this country's national security".

Three judges all appointed by Republican presidents filed three separate dissents, each joining the other. Judge Paul V. Niemeyer wrote that Supreme Court precedent required the court to consider the order "on its face". Looked at that way, the executive order "is entirely without constitutional fault", he wrote. The Trump administration has also vowed to take the case all the way to the Supreme Court if necessary, where Republicans have held a 5-4 majority since the confirmation of Neil Gorsuch in April.

Administration lawyers could instead seek the justices' approval to put the travel policy in place on an emergency basis, even as the court weighs what to do with the larger dispute.

A federal appeals court has dealt another blow to President Donald Trump's revised travel ban targeting six Muslim-majority countries. It also got rid of language that would give priority to religious minorities and removed Iraq from the list of banned countries.

CORNISH: Joel, can you remind us a little bit of the background here, how this current ban was changed to try and appeal to the court.

The judges said they were "unconvinced" that the underlying objective of the travel ban was to maintain national security and that it was instead done to implement Trump's promise during his presidential campaign to bar Muslims from entering the US.

"President Trump's Muslim ban violates the Constitution, as this decision strongly reaffirms", said Omar Jadwat, director of the ACLU's Immigrants' Rights Project, who argued the case.

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