Overturning ‘travel ban ruling’ will deepen confusion

 

Trump administration is pulling out all the stops in its efforts to get the US President’s ban on travellers from seven majority-Muslim countries and on all refugees reinstated. On Sunday,
a federal appeals court denied the Justice Department’s request for an immediate reinstatement of Trump’s ban.
The detention of dozens and the return of others to their departure points set off spontaneous protests and a storm of litigation, mostly on behalf of individuals. The cases including those involving state attorneys general have led to mixed rulings, some of them blocking parts of Trump’s executive order.
Now the higher court’s denial of an immediate stay means the legal battles over the ban will continue to go on. The court in San Francisco ordered the challengers of the ban respond to the appeal, and for the Justice Department to file a
counter-response.
If the federal government fails to persuade the appeals court to block the order, it might petition the Supreme Court to intervene. Five of the eight justices would be needed to reverse that decision. This seems to be unlikely. But if it happens, the Supreme Court will maintain its integrity as a majoritarian body serving as a legitimate system for checks and balances. It will decline to consider an appeal.
Meanwhile, visa holders from seven majority-Muslim countries are rushing to try again, hoping to enter the United States taking advantage of the ongoing legal-wrangling. For now, Trump’s admission ban remains blocked and federal officials have told their staffs to comply.
The State Department advised refugee aid agencies that refugees who had been scheduled to travel before the order was signed will now be allowed into the US. But the advocates were not leaving anything to chance. The told people who could travel to get on the earliest flights they could find. The legal advocates are at airports in case anything went wrong with new arrivals.
But the ban is likely to be re-imposed if an appeals court freezes a judge’s temporary restraining order. Though it will block court order, the legal fight will
continues over whether it’s constitutional.
It will worsen the situation and sow chaos at airports across the world. The lawyers for Washington state and Minnesota have already argued that restoring Trump’s ban on refugees and travellers ‘unleash chaos again.’ The states contend the president’s edict discriminates against immigrants and permanent US residents and violates the Religious Freedom Restoration Act. The states allege that Trump’s executive order violates the First Amendment and Fifth Amendment of the Constitution, which protect rights to religious freedom and equal protection.
The re-imposition of ban will lead to grave harms, separating families, stranding university students and faculty, and barring travel. Though the White House claims that executive order was taken keeping in mind the national security, the administration’s move has hurt residents, businesses and universities and is unconstitutional.
The technology industry is arguing that the travel ban would harm their companies by making it more difficult to recruit employees. Tech giants like Apple and Google, along with Uber, filed their arguments with the court.
It is extremely hard for people as to what the appeals court will do. People have already suffered a lot after the executive order. Husbands were separated from wives, brothers from sisters and parents from their children. Overturning the
ruling would cause further anguish and confusion.

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