In a big setback for President Donald Trump, a US appeals court in San Francisco has unanimously refused to reinstate his controversial ban on refugees and nationals from seven Muslim-majority countries from entering the US.
Soon after the court decision, the President put up an angry tweet.
“SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
Trump also slammed the ruling as a “political decision.”
“It’s a political decision, and we’re going to see them in court. This is just a decision that came down, but we’re going to win the case,” Trump was quoted as saying by NBC News.
The judgement by a three-judge bench of the federal appeals court in San Francisco said, “We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”
“Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all. We disagree,” the judges wrote.
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action,” the judges added.
The 3-0 decision by the judges is a significant blow to the Trump Administration which has argued that the executive order was a major step to prevent entry of radical Islamic terrorists in the country.
In the court, the Trump administration had requested it to lift the halt on the implementation of its executive order that was ordered by a federal court in Seattle after an appeal filed by the Washington state.
The San Francisco court had held an oral hearing on the case early this week. The bench comprised William C Canby Jr, Richard R Clifton and Michelle T Friedland.
The anti-Trump camp celebrated the court order.
“The 9th Circuit’s unanimous ruling is a victory for our Constitution and our fight against terrorism. National security experts have urgently warned us that the President’s ban is not just immoral and unconstitutional, but downright dangerous,” said Democratic leader Nancy Pelosi.
In line with his campaign promise, Trump had signed an executive order last month suspending the entry of citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days.
(With inputs from PTI)