DOJ Says Travel Ban Within President’s Power

President Trump’s executive order banning refugees and other aliens entry to the U.S. for at least 90 days “is a lawful exercise of the President’s authority over aliens,” Justice Department lawyers told the 9th U.S. Circuit Court of Appeals in papers filed Monday.

The latest legal filing challenges Friday’s stay order by a Seattle judge that halted the travel ban nationwide.

The 9th Circuit ordered both sides to a hearing Tuesday at 3pm Pacific time and will hold an unusually long one-hour hearing on the government’s emergency motion.

The President ordered the temporary suspension of entries to the U.S. by people holding green cards, people vetted and approved in the refugee programs from seven countries identified as having increased risk of terror activity.

The seven nations are also Muslim-dominated countries, Iran, Iraq, Syria, Libya, Somalia, Yemen and Sudan.

The DOJ lawyers argued that even an alien who has been admitted to the U.S. and has developed significant ties to this country and has Fifth Amendment due process protection, “has no protected property or liberty interest in the retention of his visa.”

The DOJ asks that the temporary restraining order be lifted and the travel ban resurrected. At most, if the injunction survives, it should be limited to previously admitted aliens who were temporarily abroad and who now wish to return to the U.S., the papers state.

Case: Washington v. Trump, 17-35105


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