By Allan J. Favish June 14, 2017
On June 12, 2017, three judges on the United States Court of Appeals for the Ninth Circuit ruled that President Donald Trump’s second executive order imposing a temporary ban on “entry” into the United States should be read as if it stated that the ban was on “the issuance of an immigrant visa.”
This made it possible for Judges Michael Daly Hawkins, Ronald M. Gould, and Richard A. Paez, all appointed by President Bill Clinton, to hold that the temporary ban was subject to a statutory prohibition on discrimination because of a person’s nationality “in the issuance of an immigrant visa.”
There is no statutory prohibition on nationality-based discrimination in the president’s determination of whether a person can enter the United States. In addition, these judges “interpreted” the law to mean something that the law does not state, so that even if the executive order were to be interpreted accurately, it would run afoul of the law.
As previously explained at AT, when ruling on President Trump’s first executive order regarding a temporary ban on “entry” into the United States, three other Ninth Circuit judges ruled against the first executive order without making any reference to Title 8 United States Code, section 1182(f), which states:.......... More