The United States Court of Appeals for the 9th Circuit has refused to reinstate the ban on travel from seven Muslim-majority nations that was put in place by an Executive Order by U.S. President Donald Trump.

The unanimous three-judge ruling enforced a stay put in place by U.S. District Judge James L. Robart of Seattle last Friday evening.

In the ruling, the judges wrote “On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.”

The president responded with a tweet in all caps, which is a rare choice of typography among most leaders.

Highlights from the Ruling

The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel.

 

In the district court, the States argued that the Executive Order violates the procedural due process rights of various aliens in at least three independent ways.  First, section 3(c) denies re-entry to certain lawful permanent residents and non-immigrant visaholders without constitutionally sufficient notice and an opportunity to respond.  Second, section 3(c) prohibits certain lawful permanent residents and non-immigrant visaholders from exercising their separate and independent constitutionally protected liberty interests in travelling abroad and thereafter re-entering the United States.  Third, section 5 contravenes the procedures provided by federal statute for refugees seeking asylum and related relief in the United States.

 

On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination.  We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay.

The complete 29-page order is embedded, below.

Download (PDF, 166KB)

Photo Credit: Father and daughter protesters outside of the 9th U.S. Circuit Court of Appeals in San Francisco, Tuesday, Feb. 7, 2017. President Donald Trump's travel ban was not reinstated at that time. Jeff Chiu / Associated Press