Days before President Trump’s 3rd Travel ban was to go into effect, Judge Derrick Watson, the US District Judge in Hawaii issued a ruling blocking the ban from going into effect.
Unlike the previous bans, this ban also included non-muslim majority countries like North Korea, Venezuela, and Somalia. The Judge, in his 40-page ruling states that like the previous bans, this ban also does not show how a nationality is a determining factor of a heightened security risk. He also notes that this ban is also discriminates against nationality.
As before, the question being asked is whether the Supreme Court will be taking up the issue. The justices were to hear the case regarding the second Ban but this was dismissed. They noted that they wanted the lower courts to make a ruling first on the new restrictions. But the administration has had almost a year to fine tune the travel ban so that it can get past the lower courts but with this new ruling on Travel Ban 3, it shows that there is still some fine-tuning that may need to be done.
Earlier this week, with the expiration of the previous travel ban, President Trump released new travel restrictions on a new list of countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. The new restrictions on travel from these countries do vary based on the country itself.
For example, foreign nationals from North Korea will be banned but a student from Iran would still be allowed into the country. They would subject to “an enhanced screening and vetting requirements.” Like with the previous ban, this will not be retroactive. So no currently issued green cards, visas or travel documents will be revoked. Another difference is that, unlike the previous ban which limited travel for 90 days, the new restrictions are to be ‘indefinite and condition based.’
The Supreme Court is to hear arguments on the legality of the old travel ban in the coming month.