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Immigration Law

CA9 on Travel Ban: Hawaii & California v. Trump

Josh Gerstein, Politico, Nov. 13, 2017 - "A federal appeals court on Monday gave President Donald Trump temporary permission to proceed with part of the third version of his travel ban policy, but it created an exemption from the new restrictions for foreigners with U.S. ties.

A Ninth Circuit Court of Appeals panel granted a portion of the Justice Department's request for an emergency stay of a Hawaii federal judge's order that prevented the Trump administration from moving forward with plans to limit issuance of visas to six majority-Muslim nations: Chad, Iran, Libya, Somalia, Syria and Yemen.

,,, The Ninth Circuit judges would allow Trump's policy to move forward with exemptions for foreigners with concrete U.S. ties, similar to the way the Supreme Court this summer let an earlier version of the proposal be implemented except for those with "a bona fide relationship" to the U.S.

The Ninth Circuit decision would allow visa applicants with relatives in the U.S. as well as those with jobs, business ties or connections to educational institutions to enjoy a carve-out from new restrictions imposed by Trump. Trump's latest plan includes some similar exemptions, but they are narrower than what the court's order would dictate.

The three appeals court judges who ruled Monday — President Bill Clinton appointees Michael Daly Hawkins, Ronald Gould and Richard Paez — did not offer any rationale for their decision, but the order cites the interim decision the Supreme Court issued in June on the earlier version of the ban.

The ruling is also temporary. The Ninth Circuit next month will hear arguments on whether Honolulu-based U.S. District Court Judge Derrick Watson's injunction should be left in place or overturned. Those arguments are set to take place in Seattle on Dec. 6 before the same three judges."