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US State Department reverses visa ban after judge halted Trump's order

The Department of Justice now intends to file for an emergency stay of this order.

The White House denounced the decision as
The White House denounced the decision as "outrageous".
Image: Evan Vucci/PA

Updated 4.10pm

US AUTHORITIES HAVE suspended President Donald Trump’s controversial ban on travelers from seven Muslim countries, following a court ruling that blocked its enforcement.

“We have reversed the provisional revocation of visas,” a US State Department spokesman told AFP. The department had said some 60,000 travel visas had been revoked in compliance with the president’s recent executive order.

“Those individuals with visas that were not physically cancelled may now travel if the visa is otherwise valid,” the official said.

The official added that the Trump administration is “working closely with the Department of Homeland Security and our legal teams” pending a full review of a complaint filed by Washington state’s attorney general, which filed one of several legal challenges to the measure.

This means that travel bans to the US in place airports across the world (including Dublin and Shannon Airports) are now lifted, with valid visa holders allowed entry to the US for the time being.

The Department of Homeland Security, in a separate statement, wrote:

In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the executive order.”
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure,” but said that US Department of Justice officials would launch an appeal “at the earliest possible time” to reinstate the ban, which the Trump administration believes “is lawful and appropriate.

President Donald Trump earlier criticised the decision of the US federal judge.

The restraining order issued by Seattle US District Judge James Robart is valid nationwide pending a full review of a complaint filed by Washington state Attorney General Bob Ferguson.

“The constitution prevailed today,” Ferguson said, describing the judge’s decision as historic. “No one is above the law – not even the president.”

“I said from the beginning it is not the loudest voice that prevails in a courtroom, it’s the constitution,” he added, pointing out that Robart was appointed by Republican president George W Bush.

The White House initially denounced the decision as “outrageous” but later removed the word from its statement.

For his part, Trump warned the judge’s order meant “big trouble”:

“At the earliest possible time, the Department of Justice intends to file (for) an emergency stay of this order and defend the executive order of the president, which we believe is lawful and appropriate,” a statement said.

The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people.

Limbo 

This ruling was not the first to challenge the travel ban, but it was the most sweeping as it effectively vacated the main tenets of the order.

Ferguson said the order technically means that anyone with a valid visa must be allowed entry into the country by Customs and Border Protection (CBP).

But it was unclear whether the Trump administration would succeed in challenging it, leaving travelers in limbo over their legal status.

Robart’s decision came after Ferguson filed a suit to invalidate key provisions of Trump’s executive order which bars Syrian refugees indefinitely and blocks citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entry into the US for 90 days. Refugees from countries other than Syria are barred from entry for 120 days.

The State Department said Friday that up to 60,000 foreigners from the seven countries concerned had their visas cancelled as a result of the order. A Justice Department lawyer, however, told a court hearing in Virginia that about 100,000 visas had been revoked.

‘Battle not over’ 

Trump’s executive order created chaos at airports across the United States and beyond as some travellers were detained or deported, prompting an uproar by rights groups and immigration lawyers.

Washington Governor Jay Inslee welcomed Friday’s ruling as a “tremendous victory” but warned that the battle to overturn Trump’s controversial order was far from over.

“There is still more to do,” he said in a statement.

The fight isn’t yet won. But we should feel heartened by today’s victory and more resolute than ever that we are fighting on the right side of history.

Senator Chuck Schumer, the leader of the minority Democrats in the upper house of Congress, urged Trump to repeal his order “once and for all.”

“This ruling is a victory for the constitution and for all of us who believe this un-American executive order will not make us safer,” he said in a statement.

In his suit – which the state of Minnesota joined – Ferguson said the president’s ban violated the constitutional rights of immigrants and their families, and specifically targeted Muslims.

However federal lawyers representing the Trump administration argued that as president, he had broad powers and was within his right to issue an order that protects Americans.

The White House argues that the ban is aimed at making the country safer and at preventing terror attacks such as those in San Bernardino or Orlando.

Critics, however, say Trump’s immigration freeze is arbitrary and point out it doesn’t include any countries – such as Saudi Arabia, Egypt or Pakistan – whose nationals have been involved in terror attacks that have killed Americans.

- © AFP 2017 with reporting by Michelle Hennessy.

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