A federal appeals court moved to limit the scope of President Donald Trump’s travel ban Friday, ruling that the restriction should not be applied to those with a “bona fide relationship” to the U.S.
The ruling by the San Francisco-based U.S. 9th Circuit Court of Appeals cannot immediately take effect, however, because of a Supreme Court stay until the Trump administration’s challenge against two injunctions plays out in court. The 9th circuit ruling would tighten a restriction introduced by a lower federal court which precluded those “with a credible bona fide relationship with the United States” from being subjected to the ban.
A three judge panel, which ruled against a previous version of the ban, objected to the policy on grounds of executive overreach in the ruling Friday. “We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority,” the judges, all of whom were appointed by former President Bill Clinton, wrote in the 71-page opinion.
“We conclude that the Proclamation conflicts with the statutory framework of the INA by indefinitely nullifying Congress’s considered judgments on matters of immigration,” the panel added. “The Proclamation’s stated purposes are to prevent entry of terrorists and persons posing a threat to public safety, as well as to enhance vetting capabilities and processes to achieve that goal….Yet Congress has already acted to effectuate these purposes.”