DOJ Alerts 9th Circuit of New Travel Ban Terms

[UPDATE] – The 9th Circuit last week granted the Trump Administration’s request to dismiss its original appeal of the Jan. 27 travel ban. It is moving forward with revised travel ban, set to take effect March 16.

The Trump Administration notified the 9th U.S. Circuit Court of Appeals Monday that a revised travel ban order was issued that revokes the Executive Order that was subject to the appellate stay.

The letter to the appeals court, filed within hours of the new travel ban being issued, does not ask the appeals court to take any specific action, but the letter does lays the ground work to moot the Jan. 27 order to stay implementation of the travel ban and potentially win dismissal of the case.

The ACLU issued a statement that the new order “is still a Muslim ban and is still unconstitutional – so we’ll keep fighting it.”

The DOJ letter points out that the order eliminated Iraq from the original list of seven countries that banned alien and refugees from the U.S.  It also states that the new order does not apply to aliens with valid visas, nor does it apply to lawful permanent reisdents or nationals from the six countries who are abroad and have valid documents allowing them to travel to the U.S.

The order also includes a case-by-case waiver process that permits issuing a visa to aliens who might otherwise be excluded.

The order suspends travel for 120 days under the U.S. Refugee Admissions Program to determine what additional procedures should be taken to exclude people who may pose a threat to the U.S.  The new order also eliminates provisions that apply to religious minorities or bans Syrian nationals as refugees.

There are currently 48 legal actions around the country challenging the old executive order imposing a travel ban. That order could not be implemented following a Jan. 27 stay ordered by the 9th Circuit.

Case: State of Washington v. Trump, 17-35105


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