Ninth Circuit Stays Its Ruling Against National Security Proclamation | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

9th Circuit Stays National Security Proclamation Ruling

By Edward White1514392261435

Late last week, the Ninth Circuit Court of Appeals upheld a Hawaii federal court’s injunction blocking the implementation of President Trump’s National Security Proclamation. The Proclamation is designed to begin enhanced vetting procedures of foreign nationals seeking entry into the United States.

The Ninth Circuit, however, narrowed the scope of the injunction. Under the Ninth Circuit’s ruling, the Proclamation only applies to foreign nationals without a credible, good faith relationship with a person or entity in the United States. Yet, because the Supreme Court earlier this month halted the Hawaii injunction in full pending the Court’s final review of the matter, the Ninth Circuit stayed the impact of its decision. Consequently, the Ninth Circuit’s decision does not prevent the Proclamation from going into full effect despite the narrowing of the injunction by the circuit court.

The Proclamation, issued in late September, fulfilled the promise of President Trump’s March 6, 2017 National Security Executive Order. The March 6th Order, among other things, called for a global review by the Secretary of Homeland Security of nearly 200 countries to determine whether they provide sufficient information about their nationals seeking entry into our country. The Secretary was to report the findings to the President. During the review, there was supposed to be a 90-day suspension of entry into this country of nationals from six countries with terrorism concerns (Iran, Libya, Somalia, Sudan, Syria, and Yemen).

As a result of the global review, the Acting Secretary of Homeland Security informed the President that eight countries (Chad, Iran, Syria, Libya, Somalia, North Korea, Venezuela, and Yemen) did not satisfy the security criteria. After review and consultation within the Executive Branch, the President issued the Proclamation, imposing immigration restrictions on nationals from those countries until they comply with the necessary criteria.

The Ninth Circuit determined in part that the President did not provide sufficient findings to support the Proclamation. The Ninth Circuit’s ruling runs contrary to the President’s broad constitutional and statutory authority to suspend or restrict the entry of aliens when he determines it is in our country’s best interest. This Presidential power is properly exercised when, as here, the President based that determination on extensive evidence gathered during a global review.

The Ninth Circuit did not address whether the Proclamation violates the Establishment Clause of the First Amendment to the Constitution, as claimed by the plaintiffs.

The same three Ninth Circuit judges who upheld the Hawaii injunction against the Proclamation also upheld, in part, the Hawaii judge’s earlier injunction against the National Security Executive Order. That case was later dismissed by the Supreme Court as moot after the terms of the Executive Order expired.

The Ninth Circuit’s ruling will no doubt be appealed by the government to the Supreme Court for a final determination about the legality of the Proclamation.

We are still awaiting a decision from the Fourth Circuit Court of Appeals regarding a Maryland federal court’s injunction against the Proclamation. The Fourth Circuit heard oral argument in that case earlier this month.

In the Fourth Circuit, the ACLJ filed an amicus (friend-of-the-court) brief urging the court to vacate the Maryland judge’s injunction. The brief was filed with the support of the ACLJ’s Committee to Defend Our National Security from Terror, which represents more than 279,000 Americans who have stood in support of the President’s efforts to protect this nation from the entry of foreign terrorists.

We will continue to keep you posted about the litigation concerning the Proclamation, as well as about the other important work of the ACLJ.

Defend Our National Security from Jihad

National Security  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we aggressively fight to protect our national security and Christians, we urgently need your support. Have your gift DOUBLED today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.

What We Need to Know About Negotiations with North Korea

By Wesley Smith1524153390228

It was revealed this week that CIA Director (and Secretary of State nominee) Mike Pompeo traveled Easter Weekend for personal talks with Kim Jong Un, the leader of North Korea. It was a surprising development, which comes as the United States and North Korea lay the groundwork for direct talks...

read more

National Security Proclamation Nearing Decision

By Edward White1523981064218

The legality of President Trump’s National Security Proclamation will be decided soon by the United States Supreme Court. The Court will hear oral argument on April 25th and should be issuing a decision by the end of June. In February, the American Center for Law and Justice (“ACLJ”) filed an...

read more

The Dangerous and Uncertain World We Live In

By Wesley Smith1521039600000

These are dangerous times, and the threat of war is greater now than at any time since the end of the Cold War, Director of National Intelligence Dan Coats told the Senate Armed Services Committee Tuesday. Director Coats and Army Lieutenant General Robert Ashley, Jr., the director of the Defense...

read more

ACLJ Supports National Security at Supreme Court

By Edward White1519844655246

The American Center for Law and Justice (“ACLJ”) has filed an amicus (friend-of-the-court) brief in the United States Supreme Court urging the Court to continue to allow the full implementation of President Trump’s National Security Proclamation . The brief was filed with the support of the ACLJ’s...

read more