The 9th U.S. Circuit Court of Appeals has ruled against President Donald Trump’s second attempt at a travel ban restricting people from six predominantly Muslim countries from entering the U.S.
“The Immigration and Nationality Act gives the president broad powers to control the entry of aliens, and to take actions to protect the American public. But immigration, even for the president, is not a one-person show,” a three-judge panel declared.
“The order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality. National security is not a ‘talismanic incantation’ that, once invoked, can support any and all exercise of executive power.”
Trump has insisted that the measure is necessary to prevent possible terrorist attacks and protect national security. But opponents, and courts in previous rulings blocking its enforcement, have cited past statements from Trump and his advisors signaling that it may target Muslims.
Trump first signed the executive order on travel in late January. After it was blocked in federal court, the administration crafted a revised version of it to better stand up to legal scrutiny.
The second version has not fared any better in court.
Trump tweeted last week that the measure was a “watered down” version of his original “travel ban.” He blamed the Justice Department for not sticking with the “original travel ban.”
The court cited one of Trump’s tweets in its decision, saying that he highlighted “dangerous” countries targeted by the measure. The judges said Trump characterized the countries as “inherently dangerous,” not the people within them.
The White House did not immediately respond to a request to comment on this article.