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Monday, 6 February 2017

Trump criticism of judge after travel ban setback



US President Donald Trump has attacked the judge who blocked his travel ban, saying Americans should blame
 the courts "if something happens".

Mr Trump also said he had instructed border officials to 
check people entering America "very carefully".

The federal appeals court on Saturday rejected the 
Trump administration's request to reinstate the ban.

The ban, affecting people from seven mainly-Muslim countries, was blocked by Seattle's federal judge on Friday.

This means that Mr Trump's directive will remain 
suspended and visa holders from Iraq, Syria, Iran, 
Libya, Somalia, Sudan and Yemen will be allowed to enter
 the US until the full case has been heard.

The White House and two US states challenging the ban 
have been given a deadline of Monday to present more arguments.


President Trump on Sunday ramped up his criticism of 
Judge James Robart, who blocked the ban, and the 
country's judiciary.

In a series of tweets, Mr Trump said: "I have instructed Homeland Security to check people coming into our 
country VERY CAREFULLY. The courts are making the job
 very difficult!"

"Just cannot believe a judge would put our country in 
such peril. If something happens blame him and court 
system. People pouring in. Bad!"

The president earlier called Judge Robart's ruling
 "ridiculous", described him as a "so-called judge".



US border checks


  • All persons arriving at a US port of entry are inspected by  customs and Border Protection (CBP) officers


  • Visitors must have valid US visas or hold 'Green Cards' that authorise them to live and work in the US permanently


  • Travellers under the Visa Waiver Program must apply for  authorisation via ESTA (Electronic System for Travel Authorization) before their visit

  • Visitors must complete declaration forms
  • Travellers may have their fingerprints and photos taken

  • CBP officers may also ask to inspect luggage or personal items
  • CBP uses biometric technologies to verify travellers' identities
  • Travellers from certain countries can use Automated Passport Control (APC)



In its appeal, the justice department said Judge Robart had
overreached by "second guessing" the president on a 
national security matter.

It also argued that only the president could decide who
 can enter or stay in the US.

The two states challenging the restriction - Washington
 and Minnesota - argued that the ban was unconstitutional and denied people with valid entry documents the right to travel without due process.

It also violated freedom of religion rights by appearing to target Muslims, they said.


The next step is for briefs to be filed by both sides for a
 formal review of Judge Robart's suspension on Monday. 
The Justice Department could have appealed directly to 
the Supreme Court on an emergency basis, but it chose not 
to since the appeal court is moving fairly quickly.

If the appeal court decides the stay is valid - perhaps as 
early as next week - then a Supreme Court appeal is 
almost certain.

In the meantime, everything is on hold. US immigration processes continue as they did before Mr Trump issued
 his executive order.

If it looks like this is bogging down, the president might eventually decide to modify the order rather than try to
 defend its legality.

That's probably the most prudent course, but he's a 
stubborn man.


Democrats and some Republicans have criticised Mr 
Trump's comments about the country's judiciary.

Democratic Senator Patrick Leahy, a member of the
 Senate Judiciary Committee, said Mr Trump seemed 
"intent on precipitating a constitutional crisis".

Meanwhile, Republican Senate leader Mitch McConnell told Media it was "best to avoid criticising judges individually".

Judge Robart has served on the federal bench since 2004 after nomination by President George W Bush.

Friday's ruling has also seen visa holders from the 
affected nations scramble to get flights to the US, fearing
 they have a slim window to enter.

The State Department has been reversing visa 
cancellations and US homeland security employees have
 been told by their department to comply with the ruling.

The ban caused confusion at US and foreign airports
 when it came into force.

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