A federal appeals court panel on Monday allowed President Trump's third travel ban to partially take effect, deciding that the government - at least for now - can keep out people targeted by the measure who have no bona fide ties to the United States.
Individuals from six countries - Chad, Iran, Libya, Somalia, Syria, and Yemen - may be banned from entry, unless they have a bona fide relationship with a USA family member or entity.
As a companion measure to his travel ban, which applies to those seeking to move to or visit the U.S., Trump last month also announced a new policy on admitting refugees as his previous 120-day refugee ban ended. The connections that are defined as family relationship and formal documented relationship with the United States based entities such as resettlement agencies and universities. "We believe that the proclamation should be allowed to take effect in its entirety", Justice Department spokeswoman Lauren Ehrsam said. The state of Hawaii which had sued to block the restrictions argued that federal immigration law will not give Donald Trump the authority them in all the six nations. It also blocks travel by certain Venezuelan government officials and most North Koreans; courts have not stopped the administration from enacting the restrictions on those countries. Instead, they adopted an approach similar to that of U.S. District Judge Theodore Chuang in Maryland - and to the U.S. Supreme Court, which ruled in a case challenging the second travel ban that those with bona fide connections could enter the country.
Worldwide travelers arrive at Washington Dulles Airport in June.
The judges said that the government could implement the ban, except on "foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States".
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The appellate panel, all Clinton appointees, ruled that a preliminary injunction issued by District Judge Derrick Watson in Honolulu may not go into full effect. I'm pleased that family ties to the U. The second one expired in September after a long court fight and was replaced with another revised version. As a candidate, Trump had promised "a total and complete shutdown of Muslims entering the United States".
The Administration plans to implement the suspension consistent with the Ninth Circuit's ruling and will continue to appeal the case in order to be able to fully implement the travel ban proclamation.
The Trump administration had unveiled its third travel ban on September 24 after U.S. courts blocked the first two.
An appeal of that ruling will be heard by the U.S. Court of Appeals for the 4th Circuit on December 8.