The Ninth Circuit Court of Appeals filed an order today, denying the U.S. federal government’s emergency motion for a stay of the district court’s temporary restraining order while the appeal of that order proceeds. The three-judge panel of the appellate court ruled, unanimously, that the U.S. federal government failed to demonstrate a likelihood of success on the merits of its appeal or that the failure to enter a stay would cause irreparable injury. For more information contact one of the best Immigration Law offices in the United States.
With regards to the ability of a U.S. district court to enjoin enforcement of the Executive Order, the court cited numerous U.S. Supreme Court cases that “repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context.” It held that “neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution.”
The court ruled that the procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to U.S. citizens; rather, they apply to all persons within the U.S., including aliens, regardless of whether their presence here is lawful, temporary, or permanent. The court found that President Trump’s Executive Order fails to provide what procedural due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel.
Additionally, because the government failed to meet its burden of showing likelihood of success on appeal with respect to the due process claim, it reserved consideration of the states’ claims of religious discrimination until the merits had been fully briefed.
Washington state’s Attorney General Bob Ferguson hailed the 9th U.S. Circuit Court of Appeals’ refusal to reinstate President Donald Trump’s travel ban.
It’s Not Over Yet
Despite this decision, a significant victory for immigration and civil rights advocates, it is not the end of the game. President Trump immediately tweeted his reaction from his personal Twitter account by stating “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” We expect to see an appeal by the U.S. federal government to the U.S. Supreme Court.
On the other hand, it appears that the U.S. Department of Homeland Security has stepped up its enforcement and removal actions. We have heard numerous reports of raids by the U.S. Immigration and Customs Enforcement (“ICE”) in California, where immigration officers are targeting those with existing orders of deportation, even with no prior criminal convictions. Additional reports of ICE’s new harsh stance against non-violent immigrants continue to come out. President Trump has also released three additional executive orders, requiring that the new U.S. Attorney General Jeffrey Sessions, who has held anti-immigration views for most of his political career, to address illegal immigration and visa fraud.