Trump’s Travel Ban: On Track? or Off The Rails?

by: The Knowledge Group

December 05, 2017


A three-judge panel of the U.S. Circuit Court of Appeals gave the Trump administration partial clearance to block a judge’s ruling that put the much-debated travel ban on hold. The Trump administration’s request was granted on a temporary basis. The court ruled the government can halt entry of those from half a dozen Muslim-majority nations who have no substantial connection to the United States.

The travel ban was initially announced in late September. It replaced two prior versions that federal courts impeded. The Trump administration appealed, arguing the latest travel ban is different from prior orders in terms of substance as well as process. It was also argued the travel ban was established for national security purposes and objectives for foreign affairs rather than religious discrimination. The appeals court ruling from a week ago meant the travel ban was strictly applicable to those from Syria, Iran, Libya, Chad, Somalia and Yemen who lacked connections to the United States. Such connections are defined as a family member or an entity in the United States like a college or resettlement agency in which the relationship is formal and can be documented.

It is interesting to note Hawaii, a state that sued to stop the travel restrictions, argued the federal government’s immigration laws do not provide Trump with the authority to impose those laws on the nations noted above. Hawaii’s lawsuit did not address Trump administration restrictions toward those hailing from two additional nations listed in the travel ban: Venezuela and North Korea.

President Trump is adamant the travel ban is necessary to safeguard the United States from terrorist attacks by religious militants. In fact, when campaigning for the office, Trump guaranteed a full and complete shutdown of Muslims traveling to the United States. Those against the ban argue it is nothing more than a ban on Muslims that is in violation of the United States Constitution as it allegedly discriminates according to religion.

Stay updated with the latest in the legal field whilst earning CLE and CPE credits by viewing our webcasts, be sure to view our extensive library by clicking here.