Trump still unwilling to let his 'Muslim Travel Ban' go

According to Lawfare on 13 June 2017 :

Yesterday the U.S. Court of Appeals of the Ninth Circuit, in a per curiam opinion, affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal district court in Hawaii v. Trump. The decision comes on the heels of the Fourth Circuit’s decision in IRAP v. Trump, which we summarized for Lawfare here. The government has appealed that decision to the Supreme Court…..

The court rests its holding on statutory limits to the President’s immigration powers. Although the court recognizes the President’s broad powers to control an alien’s entry to the country and to protect the nation, the court concludes that Trump exceeded the authority given him by Congress when he suspended the entry of 180 million nationals from six countries, suspended the entry of all refugees, and reduced the admission cap of refugees from 110,000 to 50,000 because he did not make a sufficient finding that their entry would be “detrimental to the interests of the United States.” The court also finds that the executive order is also incongruent with other INA provisions, including anti-discrimination provisions, and upheld the preliminary enjoining of most of Sections 2 and 6 of the order.

Donald Trump then issued this presidential memorandum while he awaits the response of the US Supreme Court.

The White House

Office of the Press Secretary

For Immediate Release

June 14, 2017

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

MEMORANDUM FOR THE SECRETARY OF STATE                                        THE ATTORNEY GENERAL
                                       THE SECRETARY OF HOMELAND SECURITY
                                       THE DIRECTOR OF NATIONAL INTELLIGENCE

SUBJECT:         Effective Date in Executive Order 13780

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctions that bar enforcement of certain provisions of Executive Order 13780, "Protecting the Nation from Foreign Terrorist Entry into the United States" (Mar. 6, 2017).  The preliminary injunction entered by the United States District Court for the District of Maryland, and affirmed in substantial part by the United States Court of Appeals for the Fourth Circuit, bars enforcement of section 2(c) of the Executive Order.  The portions of the preliminary injunction entered by the United States District Court for the District of Hawaii that were affirmed by the recent decision of the United States Court of Appeals for the Ninth Circuit bar enforcement of certain provisions of sections 2 and 6 of the Executive Order.

Various provisions of sections 2 and 6 of the Executive Order (as well as sections 3 and 12(c), which delineate the scope of the suspension contained in section 2(c)), refer to the Order's effective date.  Section 14 of the Executive Order provides that the Order was effective at 12:01 a.m., eastern daylight time on March 16, 2017.  Sections 2 and 6, however, were enjoined before that effective date, and the courts of appeals have affirmed the injunctions with respect to certain provisions of sections 2 and 6.  As a result, under the terms of the Executive Order, the effective date of the enjoined provisions (as well as related provisions of sections 3 and 12(c)) is delayed or tolled until those injunctions are lifted or stayed.

In light of questions in litigation about the effective date of the enjoined provisions and in the interest of clarity, I hereby declare the effective date of each enjoined provision to be the date and time at which the referenced injunctions are lifted or stayed with respect to that provision.  To the extent it is necessary, this memorandum should be construed to amend the Executive Order.

Because the injunctions have delayed the effective date of section 12(c), no immigrant or nonimmigrant visa issued before the effective date of section 2(c) shall be revoked pursuant to the Executive Order.

I hereby direct the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence to jointly begin implementation of each relevant provision of sections 2 and 6 of the Executive Order 72 hours after all applicable injunctions are lifted or stayed with respect to that provision, to ensure an orderly and proper implementation of those provisions.  Prior to that time, consular officers may issue valid visas to, and the Secretary of Homeland Security may admit, otherwise eligible aliens without regard to sections 2 and 6.  If not otherwise revoked, visas and other travel documents issued during this period remain valid for travel as if they were issued prior to the effective date.

DONALD J. TRUMP