The Ninth Circuit Court of Appeals in Hawaii v. Trump upheld a nationwide injunction against President Donald Trump's Revised Executive Order, dated March 6, 2017.
Federal courts have halted President Donald Trump's executive order restricting travel from six Muslim-majority countries, but State Department data reveals that the number of visas issued for travelers from the countries targeted in the immigration order are dramatically plummeting, CQ Roll Call reported.
"Federal judges across the country continue to recognize that President Trump's travel ban is illegal", Ferguson said.
The administration appealed the Fourth Circuit ruling to the Supreme Court, which set a Monday deadline for challengers of the travel ban to deny a request to allow the ban to go into effect immediately.
Lawyers for Hawaii had described Mr Trump's executive order as a "thinly veiled Muslim ban". That one was challenged by lawsuits and blocked by injunctions before it ever went into effect.
In initiating the legal challenge against the second travel ban on March 9, Hawaii Attorney General Doug Chin noted that the new order, compared with the initial ban, "nothing of substance has changed: there is the same blanket ban on entry from Muslim-majority countries". The ban would've blocked refugees from six countries from entering the US.
The 9th Circuit judges said they didn't need to reach the constitutional question because the travel ban violated immigration law, and thus wasn't allowed. Trump's favorite social media platform even had a small cameo, with the court noting that Trump responded to a tweet on the muslim ban to clarify his thinking on the matter. The administration appealed that ruling to the Supreme Court.
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In a filing with the Supreme Court on Monday, the plaintiffs in the Maryland case argue that the controversy is about to become moot, because the entry ban provision was only meant to last for 90 days, and that time runs out two days from now. The 4th Circuit found the policy unconstitutional on that basis. He believes the Supreme Court will overturn the Ninth Circuit's decision handed down earlier today by a three-judge panel (see main story).
A 13-judge panel of the 4th Circuit extensively considered issues of religious freedom, drawing heavily on Trump's public statements calling for a "Muslim ban".
The three judges of the 9th Circuit, writing unanimously, barely discussed religion at all.
Katyal first listed the president's campaign statements and statements shortly after his inauguration as evidence that religious discrimination triggered the first executive order.
They said Trump issued his order to give the administration time to study the adequacy of security measures.
The administration asked the country's highest bench to review the matter shortly after a federal appeals court in Virginia - in a separate but related case - prevented enforcement of the key parts of the directive.
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