US court says Trump travel ban unlawfully discriminates against Muslims

A federal appeals court ruled on Thursday that President Donald Trump’s travel ban targeting people from six Muslim-majority countries violates the US Constitution by discriminating on the basis of religion. (AFP)
Updated 15 February 2018

US court says Trump travel ban unlawfully discriminates against Muslims

WASHINGTON: President Donald Trump’s travel ban targeting people from six Muslim-majority countries violates the US Constitution by discriminating on the basis of religion, a federal appeals court ruled on Thursday in another legal setback for the policy.
The Richmond-based 4th US Circuit Court of Appeals, on a 9-4 vote, became the second federal appeals court to rule against the ban, finding that the Republican president’s own words demonstrated that bias against Muslims was the basis of the policy.
The US Supreme Court has allowed the ban, put in place by Trump with a presidential proclamation in September, to go into effect while litigation challenging it continues.
The 4th Circuit ruling went further than the earlier decision by the San Francisco-based 9th US Circuit Court of Appeals, which found the ban violated federal immigration law but did not address the question of whether it also violated the Constitution. The Supreme Court already has said it will consider both issues in deciding the legality of the ban in the coming months.
The justices are due in April to hear arguments over the ban and issue a ruling by the end of June.
“Examining official statements from President Trump and other executive branch officials, along with the proclamation itself, we conclude that the proclamation is unconstitutionally tainted with animus toward Islam,” 4th Circuit Chief Judge Roger Gregory wrote in the ruling.
The travel ban challengers “offer undisputed evidence of such bias: the words of the President,” Gregory wrote, noting Trump’s “disparaging comments and tweets regarding Muslims.”
As a candidate, Trump promised “a total and complete shutdown of Muslims entering the United States.” The court also took note of the fact that Trump in November shared on Twitter anti-Muslim videos posted by a far-right British political figure.
In the main dissenting opinion, Judge Paul Niemeyer said the courts should be deferential to the president on matters of national security. Niemeyer criticized the majority, saying his colleagues applied “a novel legal rule that provides for the use of campaign-trail statements to recast later official acts of the president.”
Trump’s policy, the third version of the ban that he has issued since taking office in January 2017, blocks entry into the United States of most people from Chad, Iran, Libya, Somalia, Syria and Yemen. Trump has said the policy is needed to protect the United States from terrorism by militants.
Thursday’s ruling upheld a Maryland-based district court judge’s decision in a case brought by the American Civil Liberties Union, which represents several advocacy groups including the International Refugee Assistance Project.
“President Trump’s third illegal attempt to denigrate and discriminate against Muslims through an immigration ban has failed in court yet again. It’s no surprise,” ACLU lawyer Cecillia Wang said.


Five dead, three missing after Jakarta floods

Updated 26 February 2020

Five dead, three missing after Jakarta floods

  • The muddy deluge inundated the presidential palace, a major hospital and entire neighborhoods across Jakarta on Tuesday
  • Floodwaters reached more than a meter (three feet) in some parts of the capital but were receding by Wednesday

JAKARTA: Five people were killed, three more are missing and thousands are unable to return to their waterlogged homes after floods submerged parts of Indonesia’s capital, officials said Wednesday.

The muddy deluge inundated the presidential palace, a major hospital and entire neighborhoods across Jakarta on Tuesday, only weeks after 70 residents of the low-lying megacity died in some of the deadliest flooding in memory.

Two teenagers were among the five people drowned or electrocuted in hard-hit parts of the city, Indonesia’s national disaster agency said.

“The joint rescue team is still searching” for three other possible victims, agency spokesman Agus Wibowo told AFP, adding that nearly 20,000 people were staying in emergency shelters.

Floodwaters reached more than a meter (three feet) in some parts of the capital but were receding by Wednesday, a day after rescuers combed drenched districts in pontoon boats to locate vulnerable residents.

Parts of the city had ground to a halt as thousands of buildings were swamped, sparking power outages and disrupting commuter trains.

Jakarta, a sprawling city beleaguered by massive traffic jams and poor infrastructure, is prone to flooding during the annual wet season.

Indonesian president Joko Widodo last year unveiled plans to relocate the capital to an as yet unbuilt city on Borneo island.