Appeals Court: Travel Ban Violates Federal Law
Impacting Travel Monica Poling December 23, 2017

An executive order issued by Donald Trump that limits the number of U.S. visas issued to people of certain nationalities has been found to violate federal law according to a federal appeals court.
The 9th Circuit Court of Appeals, based in San Francisco, found that President Donald Trump exceeded his authority in issuing what is frequently being dubbed Travel Ban 3.0.
“We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority," wrote the court in a 77-page ruling, according to The Hill.
The Court also noted that "the Proclamation’s indefinite entry suspensions constitute nationality discrimination in the issuance of immigrant visas," and discriminates against select travelers and immigrants as did earlier versions of Trump’s travel bans.
Despite the decision, however, the federal court said the ruling is being put on hold while the issue makes its way through the appeals process with the Supreme Court.
Earlier this month, the United States Supreme Court announced that the latest travel ban would go into full effect immediately, a decision that countermanded lower court rulings that blocked parts of the ban.
The Supreme Court is expected to revisit the issue early next year, in particular exempting close family members of U.S. citizens from the ruling. The Supreme Court has already deemed it could find the restrictions unconstitutional at a later time.
READ MORE: The Trump Travel Ban’s Impact on Tourism
While many Republicans agree with the court’s decision, human rights activists are firmly opposed to any version of a blanket travel ban.
“President Trump’s anti-Muslim prejudice is no secret—he has repeatedly confirmed it, including just last week on Twitter,” said Omar Jadwat, an ACLU lawyer in an interview with Reuters. “It’s unfortunate that the full ban can move forward for now, but this order does not address the merits of our claims. We continue to stand for freedom, equality and for those who are unfairly being separated from their loved ones.”
To date, three versions of Trump’s bans have been issued. Court rulings overturned two previous versions and a federal judge in Hawaii blocked the administration’s third attempted ban before the Supreme Court announced it would go into full effect.
The current ban indefinitely bars people from seven countries—Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen—from visiting the United States.
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