A federal judge will hear arguments in SAN FRANCISCO BAY AREA Thursday on a U.S. Justice Department obtain dismissal of case that alleges the federal government hasn’t provided an orderly process for waivers from President Donald Trump’s travel ban on five mostly Muslim countries.
The ban issued in a proclamation by Trump in September 2017 restricts entry by most immigrants and visitors from Iran, Libya, Somalia, Syria and Yemen. It had been the 3rd version of a travel ban by Trump and was upheld by way of a 5-4 vote of the U.S. In June supreme Court.
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The ban allows the chance of waivers for individual applicants on a case-by-case basis when a person’s entry wouldn’t normally pose a security threat and will be in the national interest and denial of entry would cause undue hardship.
The lawsuit filed earlier this season by 36 people who have origins in those five countries claims the administration has didn’t provide publicly available guidance or procedures for trying to get waivers.
The plaintiffs are either citizens of these countries or U.S. citizens or legal residents seeking visas for family in those nations. They state their waiver requests have already been delayed or denied.
The Justice Department contends in its motion for dismissal that no rights are increasingly being violated and that waiver requests are adjudicated within the typical visa application process.
The motion will undoubtedly be heard by U.S. District Judge James Donato.
The ban also pertains to all visitors from North Korea and certain officials and their members of the family from Venezuela.