February 9, 2017

Ninth Circuit Court of Appeals’ Upholds Court Order Blocking Trump’s Executive Order

Contact: Trita Parsi
Phone: 202.386.6325
Email: [email protected]

Washington, DC – The National Iranian American Council issued the following statement regarding the Ninth Circuit Court of Appeals’ decision to uphold the court order temporarily blocking Trump’s Executive Order that restricts travel from Iran and six other nations:

“The court’s decision to uphold the order blocking the Trump administration’s un-American Executive Order is a triumph of justice. The message to the Trump administration is clear: America’s democratic institutions will not allow our democracy to be corrupted by bigoted and racist measures that divide our country and make America less safe.

Individuals with visas from Iran and other countries can continue to enter the country, and those who were prevented from obtaining a visa once the ban came into effect can renew their efforts to obtain one. We strongly urge that the Trump administration accept the decision of the court and not seek further appeals to lift the restraining order against the travel ban.”

“Congress should not sit idly by as this uncertain process continues nor abdicate its responsibility to the courts. Legislation has been introduced in the House and Senate to rescind the ban. Congress should act immediately to pass this into law so that the Trump Muslim ban can never be implemented.

“The Iranian-American community, in addition to Iranian students and others directly affected by the ban, will particularly welcome tonight’s news. Many of us had family and friends barred from entering the country, or subjected to outrageous detention and questioning upon arrival. Already, since Judge Robart’s decision on Friday to bar the implementation of the Executive Order, some families have been able to reunite, granting relief to some of those blindsided by the order.

The Court noted that “the Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel” and that the “procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to citizens.”

“Despite this welcome news, the ban continues to cast a shadow over the lives of Iranian Americans and Iranians who fear that it could be re-imposed with a single court decision. The Trump administration will continue to push to reinstate its outrageous, immoral and illegal order that discriminates on the basis of nationality and religion. Further, we have heard reports indicating that certain embassies are imposing additional obstacles in the visa process in potential contradiction of the court order. Until the order is officially rescinded by Congress, the Iranian-American community cannot rest. We will continue to fight this unjust decision and work to ensure the order can never be implemented.”


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