An appeals court in the US has torpedoed an attempt to reintroduce an entry ban on nationals from seven Muslim countries. Three Ninth US Circuit Court judges stated that they would not override an earlier lower court decision that the travel ban was unconstitutional.
The appeals court decision means citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen with green cards or valid visas will be allowed to enter the US. The ruling also means refugees from other nations banned under the original executive order will be allowed into the US as well.
In their unanimous decision, the three judges explained that the US Justice Department had failed to provide evidence on how re-instating the ban would stop acts of terrorism. The executive order instigating the temporary travel ban was signed by President Donald Trump two weeks ago.
The judges also noted that the entry ban deprived people from the seven countries in addition to refugees of their basic rights as mandated by the US constitution. The appeals court stated that a Justice Department claim the US president had an inalienable right to set the nations immigration laws was wrong.
A Justice Department spokesperson said the decision would be reviewed before deciding on the way forward. Political insiders in the US say the case will probably be submitted to the Supreme Court. Donald Trump seemed to confirm this with an irate tweet saying see you in court, the security of the US is at risk.