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President Donald Trump’s bid for an immediate reinstatement of his travel ban has been denied.
Picture; AP / Evan Vucci
A US federal appeals court has denied the US government’s emergency request to resume President Donald Trump’s travel ban.
A US federal appeals court has denied the US government’s emergency request to resume President Donald Trump’s travel ban.
The Trump administration appealed a temporary order restraining the ban nationwide, saying late on Saturday night that the federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.
Now the higher court’s denial of an immediate stay means the legal battles over the ban will continue for days at least.
The 9th US Circuit Court of Appeals in San Francisco asked challengers of the ban respond to the appeal, and for the Justice Department to file a counter-response by Monday afternoon. Acting Solicitor General Noel Francisco forcefully argued on Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.
“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.
It marks an extraordinary setback for the new president, who only a week ago acted to suspend America’s refugee program and halt immigration from seven Muslim-majority countries the government said raise terrorism concerns.
VISA HOLDERS RUSH TO BOARD FLIGHTS
Visa holders who were turned away from the United States due to Mr Trump’s travel ban are rushing to try again, hoping to make it through a narrow window opened by legal challenges. For now, Mr Trump’s ban remains blocked by a judge’s temporary restraining order, and federal officials have told their staffs to comply.
But advocates weren’t taking any chances, telling people who could travel to get on the earliest flights they could find.
“We’re telling them to get on the quickest flight ASAP,” said Rula Aoun, director of the Arab American Civil Rights League in Dearborn, Michigan. Her group sued in federal court in Detroit, challenging Mr Trump’s executive order as unconstitutional.
Protesters sought to keep up the pressure, gathering in Denver and other US cities to demonstrate against the ban. Meanwhile, legal advocates waited at airports in case anything went wrong with new arrivals.
Renee Paradis was among 20-25 volunteer lawyers and interpreters who stationed themselves inside John F. Kennedy’s Terminal 4 in New York in case anyone needed help. They were carrying handmade signs in Arabic and Farsi “that say we’re lawyers, we’re here to help. We’re not from the government,” Ms Paradis said. “We’re all just waiting to see what actually happens and who manages to get through,” she said.
BISHOP DENIES REPORTS US DELAYED INTERVIEWS
Foreign Minister Julie Bishop denied reports the US had delayed interviews with detainees on Nauru, amid lingering uncertainty over whether America will honour the TPP, a refugee settlement deal.
Detainees applying to settle in America under the deal have reportedly had their planned second-round interview dates with US officials postponed indefinitely.
Ms Bishop remained confident the deal will proceed.
“The agreement is to be honoured by the Trump administration (so) I’m pleased this agreement will continue,” Ms Bishop said.
Prime Minister Malcolm Turnbull and Minister for Foreign Affairs Julie Bishop are sticking their guns about the proposed swap of detainees. Picture: AAP / Mick TsikasSource:AAP
Under the settlement deal, the US will take refugees currently held on Manus Island and Nauru in return for Australia accepting refugees from Central America.
Mr Trump last week described the arrangement as a “dumb deal.”
But the lifting of Mr Trump’s ban by Judge Robart of the federal district court in Seattle will stand until the court can study a complaint filed by the Washington state lawyer general, Bob Ferguson.
In response, some airlines began quickly accepting passengers travelling to the United States from the affected countries.
The State Department said that 60,000 visas that had been revoked were again being honoured, provided they were not cancelled with a physical stamp.
President Donald Trump has signed 20 memorandums and executive orders since his inauguration. Picture: AP/Evan VucciSource:AP
AL-QAEDA LEADER MOCKS TRUMP AFTER YEMEN RAID
The leader of al-Qaeda’s affiliate in Yemen has released an audio recording in which he describes Mr Trump as the “White House’s new fool” and says a recent US raid against the group killed 25 people, including 11 women and children.
Addressing his followers in the recording, which emerged late on aturday, Qassim al-Rimi says: “The White House’s new fool has received a painful blow at your hands in his first outing on your land.”
Al-Rimi identifies all 25 purported victims of the January 29 raid and claims that scores of US soldiers were killed or wounded.
The recording’s authenticity could not be immediately verified, but the voice was similar to that of previous recordings by al-Rimi. The US military says a Navy SEAL was killed in the raid.
IRAN LIFTS BAN ON US WRESTLING TEAM
Iran has lifted a ban on US wrestlers, allowing them to take part in the Freestyle World Cup later this month in the Iranian city of Kermanshah, Iranian media reported on Sunday.
Foreign Ministry spokesman Bahram Ghasemi said the ban was lifted after the “discriminative restrictions” on Iranian nationals travelling to the US was suspended by a US federal judge.
The wrestlers were originally banned Friday from the February 16-17 competition after Mr Trump temporarily suspended travel from seven Muslim majority countries, including Iran.
American and Iranian wrestlers have frequently hosted each other in competitions and have a working relationship that goes back decades.
At least one Iranian parliamentarian, Ali Mohtari, was critical of the original decision to ban the US team. In a posting on Twitter, Mohtari argued that Iran should do the opposite of Mr Trump and instead make a point of welcoming the American wrestlers.
Iran's free style wrestler Fardin Masoumi, left, and his US competitor Tervel Dlagnev fight in Tehran, Iran in 2009. Picture: AP Photo/Vahid Salemi, FileSource:AP
LEGAL BATTLE OVER TRAVEL BAN IS AN EARLY LESSON
The legal battle over his executive order on immigration and refugees is a surprisingly early demonstration of a lesson all presidents learn eventually. Governing by executive action may appear easier and faster, but it carries its own legal and political risks.
President Barack Obama was confronted with that reality late in his tenure when, thwarted by the GOP-controlled House, he used what he called a “pen and phone” strategy to advance his agenda. He ultimately found one of his most sweeping actions, the expansion of a program deferring deportation for some immigrants, blocked by the courts, while Republicans blasted him for what they said was an abuse of power.
Republicans have been notably quiet as Mr Trump has taken a similar approach, particularly taking advantage of the precedent giving the president broad leeway when it comes to immigration.
In addition, Mr Trump has taken 18 executive actions since being sworn into office on January 20. Some of the papers he signed were executive orders that dealt with building the wall he promised along the US-Mexico border; temporarily banning entry to the US by refugees and people from seven majority-Muslim nations; and beginning to chip away at the Affordable Care Act.
For other actions, he signed presidential memorandums that covered withdrawing the US from a multinational, Pacific-Rim trade agreement; giving his defence secretary a month to deliver a plan to defeat the Islamic State group; and advancing a pair of stalled but controversial oil pipeline projects.
Mr Trump’s signing of 20 memorandums and executive orders since his Inauguration Day is in line with Obama’s first two weeks.
Donald Trump has signed 20 memorandums and executive orders since his inauguration. Picture: AFP Photo/Mandel NganSource:AFP
Source : News AU
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