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第九巡回上诉法院裁判禁止执行旅行禁令

Source: VOA    2017-06-14  我要投稿   论坛   Favorite  

A second U.S. federal court has voted to uphold a block on President Donald Trump's executive order restricting travel from six mostly Muslim countries.

The 9th Circuit Court of Appeals in San Francisco ruled unanimously Monday against Trump's temporary ban, on the grounds that the president overstepped his authority when he issued his March 2 executive order.

The three-judge panel said that while the 1952 Immigration and Nationality Act gives the president broad powers to both control entrants to the United States and protect U.S. security, "immigration, even for the president, is not a one-person show."

Monday's decision echoes a previous ruling by the Virginia-based 4th U.S. Circuit Court of Appeals, which on May 25 upheld a Maryland judge's ruling blocking parts of the order. But the two courts made very different arguments.

The 4th Circuit focused largely on statements and tweets made by President Trump that indicated his order was a ban on Muslims, something he advocated during his campaign for president. But the 4th Circuit was only ruling on the portion of the law restricting travel from the six countries for 90 days. The 9th Circuit ruled more broadly and focused on the INA and what the judges saw as insufficient justification to support the travel order.

The Trump administration has appealed the 4th Circuit ruling to the Supreme Court, asking for immediate relief from restraining orders issued on both coasts.

The travel order that was the subject of Monday's ruling is a second attempt by the Trump administration. The first was withdrawn after it, too, was stayed by a district court. That stay also was upheld by the 9th Circuit.


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