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By Kevin Daley
The 9th U.S. Circuit Court of Appeals upheld an injunction barring enforcement of key provisions of President Donald Trump’s second executive order on refugees and migrants Monday, finding the president exceeded his lawful authority in issuing the directive.
The 9th Circuit’s decision comes as the Supreme Court reviews a petition submitted by the Department of Justice to review a separate ruling from the 4th Circuit, which also barred enforcement of the order.
“[I]mmigration, even for the President, is not a one-person show,” the court wrote. “The President’s authority is subject to certain statutory and constitutional restraints. We conclude that the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress.”
“Further, the Order runs afoul of other provisions of the INA that prohibit nationality-based discrimination and require the President to follow a specific process when setting the annual cap on the admission of refugees.”