The San Francisco-based 9th US Circuit Court of Appeals on Monday [Tesday NZ Time] refused to reinstate Trump's executive order banning travellers from six mostly Muslim countries.
In the first brief, the attorneys general oppose the Trump administration's petition for certiorari, arguing that the preliminary injunction against the immigration ban should be maintained and the Supreme Court should not review the decision at this point because it would be premature.
In March, Trump issued a narrower order, but federal courts that have examined it so far have blocked it as well.
The revised ban already had been blocked by federal district court judges in Hawaii and Maryland and by the U.S. Court of Appeals for the 4th Circuit, based in Virginia. "(I) immigration, even for the President, is not a one-person show".More news: Silvana Tenreyro to join the MPC
They also said that there was no link between nationality and tendency to commit terrorist acts proved by the Government.
The judges also cited White House press secretary Sean Spicer, who said this month that Trump's tweets are "considered official statements by the president of the United States". Instead, they ruled that the travel ban lacked a sufficient national security or other justification that would make it legal, and that violated immigration law.
People outside the United States also generally don't have US constitutional rights, he said.
Because the 9th Circuit reached the same result but for different reasons, the Supreme Court also would have to consider Monday's decision if it reviews Trump's action.
On June 6, Trump tweeted: "That's right, we need a travel ban for certain unsafe countries, not some politically correct term that won't help us protect our people!", reports CNN.More news: European court rules in favor of Russian gay activists
"Upholding the injunction will allow us to continue welcoming and serving refugees fleeing persecution", Bishop Joe S. Vasquez of Austin, Texas, said in a statement June 13.
A key issue is when the 90-day ban on travel from the six nations and the 120-day ban on refugees starts and ends.
"Our system of checks and balances, enshrined in the Constitution for more than 225 years, remains in place".
Trump issued his initial travel ban on a Friday in late January, causing chaos and protests at airports around the country. The new version was created to better withstand legal scrutiny and spelled out more of a national security rationale.
That is because the measure is supposed to be temporary - barring the issuance of new visas to residents of six Muslim-majority countries for 90 days and suspending the USA refugee program for 120 days so officials could review vetting procedures. "See you in the Supreme Court!"More news: Orlando Remembers Pulse Victims One Year After Shooting
It is pushing for justices to hear its appeal on the court ruling before they break for the summer.
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