United States Ninth Circuit

In an appeal involving the statutory and constitutional limits to the President's power to control immigration specifically in Executive Order 13780, 'Protecting the Nation From Foreign Terrorist Entry Into the United States', the district court's order preliminarily enjoining Sections 2 and 6 of the Executive Order is affirmed where: 1) the President, in issuing the Executive Order, exceeded the scope of the authority delegated to him by Congress; 2) the President must make a sufficient finding that the entry of specified classes of people would be 'detrimental to the interests of the United States'; and 3) the Executive 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.

Appellate Information

• Published 2017/06/12

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel