AILA: Court Rules in Favor of American Values in Refusing to Reinstitute Travel Ban

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) welcomed the Ninth Circuit Court of Appeals ruling to keep in place the temporary restraining order barring implementation of President Trump's Executive Order banning Muslims and refugees from entering the United States. The court's unanimous decision correctly elevated the rights and interests of the people and institutions of America over an ill-conceived, unlawful and discriminatory policy thinly veiled by the banner of national security.

William A. Stock, AILA President, highlighted several sections of the opinion, noting, "The judges were clearly troubled by the fact that the government had offered no evidence of a specific terrorist attack perpetrated by a national from one of the seven named countries. The government's entire claim is based on national security, but it could not back it up with any facts. Importantly, in concluding that the states have standing, the court emphasized the 'ample evidence' that the states, their universities and students, businesses and families would be harmed if the order were to be reinstated. Further, the Trump administration failed to show it would likely prevail over the states' Fifth Amendment due process claims. Beyond these key findings, it is clear that the government has failed to offer any evidence that the Executive Order was the result of a deliberate process within the administration. Simply stated, the government did not make its case."

AILA Executive Director Benjamin Johnson agreed, "This decision underscores once again that the discriminatory ban implemented by the Trump administration is unlawful. The Executive Order was clearly drafted without any regard for the Constitution. The court forcefully rejected the federal government's claim that executive branch acts on immigration cannot be reviewed even if those acts violate the Constitution. At stake are fundamental concerns that the President has trampled upon the Constitution by fulfilling his promise to shut down Muslim immigration to the U.S. That is the kind of religious discrimination our Constitution does not permit and that our nation will not tolerate. Today, the court acted swiftly and appropriately in accordance with its undeniable constitutional role as a check on executive power."

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Related Resources

• CA9 Upholds TRO, Maintains Nationwide Halt on Travel/Refugee Ban (Washington v. Trump, 2/9/17)