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9th Circuit partly allows third travel ban to take effect

9th Circuit partly allows third travel ban to take effect”

The Ninth Circuit on Monday partly granted an emergency motion by the Trump administration and lifted a preliminary stay on most aspects of President Donald Trump's ban on entry into the United States by travelers from eight nations - a lot of them predominantly Muslim.

In a brief order, a three-judge panel from the U.S. Court of Appeals for the 9th Circuit temporarily put on hold part of a lower judge's ruling that had almost completely blocked the government from enforcing its ban.

Hawaii sued to stop the latest ban, which was announced in September.

The action means the ban will apply to people from Iran, Libya, Syria, Yemen, Somalia, and Chad who do not have connections to the United States.

But the three-judge panel left in place a stay of Trump's executive order as it applies to travelers with a bona fide relationship to the United States, including grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of US citizens or legal residents.

"As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the goal of evading [Proclamation 9645]", the court added.

The Maryland lower court ruling was narrower than the Hawaii one, excluding Venezuela and North Korea, and limiting travel restrictions on travelers from the other six countries to those without bona fide relationships.

"We are reviewing the court's order and the government will begin enforcing the travel proclamation consistent with the partial stay". The Fourth Circuit will hear similar arguments on December 9, and the matter will likely end up before the U.S. Supreme Court in the new year.

Hawaii Attorney General Douglas Chin said the court's decision tracked what the Supreme Court said in June when it partially revived Trump's second travel ban, which has now expired. "I'm pleased that family ties to the USA, including grandparents, will be respected".

Trump issued his first travel ban targeting several Muslim-majority countries in January, just a week after he took office, and then issued a revised one after the first was blocked by the courts.

The Trump administration has repeatedly denied the travel ban is meant to hurt Muslims, but says it is about national security and preventing terrorists from entering the United States. He was joined by US District Judge Theodore Chuang in Maryland, who sought to block the policy on grounds of Constitutional prohibitions against religious discrimination.

The government appealed in both cases, and oral arguments are set for next month.



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