So President Trump’s temporary ban on some travelers from six failed states and one state sponsor of terror suffered another setback in…drumroll…the Ninth Circus.
A federal appeals court on Thursday rejected the Trump administration’s limited view of who is allowed into the United States under the president’s travel ban, saying grandparents, cousins and similarly close relations of people in the U.S. should not be prevented from coming to the country.
The unanimous ruling from three judges on the San Francisco-based 9th U.S. Circuit Court of Appeals also cleared the way for refugees accepted by a resettlement agency to travel here. The decision upheld a ruling by a federal judge in Hawaii who found the administration’s view too strict.
“Stated simply, the government does not offer a persuasive explanation for why a mother-in-law is clearly a bona fide relationship, in the Supreme Court’s prior reasoning, but a grandparent, grandchild, aunt, uncle, niece, nephew, or cousin is not,” the 9th Circuit said.
The appeals panel wrote that under typical court rules, its ruling would not take effect for at least 52 days. But in this instance, the judges said, many refugees would be “gravely imperiled” by such a delay, so the decision will take effect in five days.
“Refugees’ lives remain in vulnerable limbo during the pendency of the Supreme Court’s stay,” they wrote. “Refugees have only a narrow window of time to complete their travel, as certain security and medical checks expire and must then be reinitiated.”
The Justice Department said it would appeal.
This is just another case of lawless judges making rulings that agree with their personal wishes rather than obeying the law. The fact is that no non-citizen has a right to get a visa to the United States. Period. That’s pretty much the law. To a great extent that was the Supreme Court ruling that reinstated the so-called travel ban. What the Ninth Circuit is doing here is telling the Supreme Court to go pee up a rope. Following the logic, there is no reason that cousins of cousins of cousins should not be admitted to the United States. If grandparents can come, then certainly grand-nephews can. What they have done is say that consular officials really can’t block anyone.
Thankfully, the Trump administration has decided to appeal this and there is a good chance that they will prevail. But as some point, the administration simply needs to say, “no, we’re not doing that” to this kind of petty and vindictive ruling by some federal courts.