U.S. judge: Suit over Trump travel ban waivers will just do it
SAN FRANCISCO — Case accusing the Trump administration of denying almost all visa applicants from countries under President Donald Trump’s travel ban will progress, a U.S. thursday judge said.
Judge James Donato heard arguments on the administration’s request he dismiss the lawsuit. The case was “not going away at this time,” he said at the close of the hearing.
The plaintiffs say the administration isn’t honoring a waiver provision in the president’s ban on travelers from five mostly Muslim countries — Iran, Lybia, Somalia, Syria and Yemen.
The U.S. June supreme Court upheld the ban in a 5-4 ruling in.
The waiver provision allows a case-by-case exemption for those who can show entry to the U.S. is in the national interest, is required to prevent undue hardship and wouldn’t normally pose a risk of security.
The 36 plaintiffs named in the lawsuit include those who have had waiver applications denied or stalled despite chronic medical ailments, prolonged family separations, or significant business interests, in accordance with their attorneys.
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They estimate thousands of folks have been suffering from what they state are blanket denials of visa applications.
At Thursday’s hearing, Sirine Shebaya, a lawyer for the plaintiffs, said officials taking into consideration the waiver requests aren’t following guidelines and so are routinely denying people the chance showing they be eligible for a visa.
Justice Department attorney August Flentje said consular officials will work “tirelessly” on visa applications using guidelines from hawaii Department. He said decisions on visas are beyond judicial review, and he accused plaintiffs’ attorneys of a “sort of micromanagement” of these decisions.
Donato said he didn’t need to consider any specific waiver decision, but more broadly whether officials were considering applications in “good faith” rather than stonewalling.
two dozen opponents of the travel ban &mdash
Roughly; some wearing stickers that read, “No ban, no wall,” — found the courthouse for the hearing.