The New York Times notes that "the rules for admitting people from the six countries covered by the latest travel ban [who were also covered by the previous ban] have remained nearly entirely unchanged".
The San Francisco-based 9th U.S. Circuit Court of Appeals used narrow grounds to reject the Trump administration's bid to undo a Hawaii federal judge's decision blocking the temporary ban.
"We conclude that the president, in issuing the executive order, exceeded the scope of the authority delegated to him by Congress", 9th Circuit judges Michael Daly Hawkins, Ronald Gould and Richard Paez wrote. The 9th Circuit took a similar stance on Monday, writing: "Immigration, even for the President, is not a one-person show".
After his first order was defeated in federal court, Trump criticized the judges for their rulings. The decision by a unanimous three-judge panel of the San Francisco-.
The president's order did not tie citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen to terrorist organizations or identify them as contributors to "active conflict", the court said.
The administration said the travel ban was needed to allow time to implement stronger vetting measures, although it has already rolled out some new requirements not blocked by courts, including additional questions for visa applicants. Trump tweeted on June 5. The ruling Monday says the president violated US immigration law.
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This clearly shows that it was no random comment; it was a pre-planned political move by the Congress Party. Sonia Gandhi in particularly, come out and disown (it). and apologize", she added.
Attorney General Jeff Sessions said after Monday's ruling that the ban was necessary to protect national security, and the president was within his lawful authority to enact it.
By avoiding the question of Trump's motive for banning the travelers, the 9th Circuit avoided a thorny issue about whether courts should consider the president's campaign-trail statements. "It does not provide any link between an individual's nationality and their propensity to commit terrorism or their inherent dangerousness".
In addition to banning travelers from six mostly Muslim nations for 90 days, Trump's executive order called for a suspension of the nation's refugee program.
The president issued the executive order after the initial version caused chaos and protests at airports and was blocked by a Seattle judge and a different three-judge 9th Circuit panel.
In the first brief, authored by New York Attorney General Eric Schneiderman and joined by a total of 17 states, the Attorneys General oppose the Trump administration's petition for certiorari, arguing that the preliminary injunction against the immigration ban should be maintained and the Supreme Court should not review the decision at this point.
For months, Trump has said his temporary travel ban is a national security measure meant to keep potential terrorists out of the United States while his administration formulates an appropriate immigration policy.