President Trump signed an executive order Monday ordering new travel restrictions for residents of six Muslim-majority countries as well as a temporary ban on refugees from around the world. This directive comes after Trump's original executive order was rebuked in the federal courts.
The new ban, which takes effect March 16, halts travel for 90 days for residents of Iran, Libya, Somalia, Sudan, Syria and Yemen. The refugee suspension will last 120 days.
In continuing to block President Trump's executive order banning travel from seven mostly Muslim countries, a federal appeals court rebuked the administration's claim that presidential authority over immigration cannot be reviewed.
The administration's sweeping assertion of presidential power "runs contrary to the fundamental structure of our constitutional democracy," the three-judge panel of the U.S. 9th Circuit Court of Appeals wrote.
"Courts owe considerable deference to the president’s policy determinations" in areas of immigration and national security, but they still have authority to decide whether those orders violate constitutional rights, the judges said.
The states that challenged Trump's order had made a strong claim that the ban violated the rights of U.S. residents and visa holders to due process, the judges wrote.
And, on the other side, the administration had presented no evidence that the ban was urgently needed for national security.
"The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States," the judges wrote.
Putting Trump's order on hold until a lower court can fully consider it and hear arguments will merely return the country to the status quo of a few weeks ago, they said.