Health Care

Second appeals court rejects Trump request to delay transgender troop enlistment

Second appeals court rejects Trump request to delay transgender troop enlistment

A US federal appeals court in Washington has rejected a bid by US President Donald Trump's administration to prevent the military from accepting transgender recruits starting January 1, the second court to issue such a ruling this week.

Trump relies on the premise that the Immigration and Nationality Act gives him broad powers to regulate immigration, the judges said, but for the president to block entry, he must first legally prove that person's entry would be detrimental to the interests of the United States.

In this latest ruling the judges said Mr. Trump's repeated efforts to impose a travel ban are causing "psychological harm and distress" among Muslims, who feel targeted.

"The Executive", the panel remarked, "cannot without assent of Congress supplant its statutory scheme [for immigration] with one stroke of a presidential pen".

"The President is not foreclosed from acting to enhance vetting capabilities and other practices in order to strengthen existing immigration law, but must do so in a manner consistent with Congress's intent", the per curiam opinion said.

Sarah Palin's Oldest Son Track Arrested On Burglary & Assault Charges - Details Here
The dispute began when he called to say he wanted to come get the truck, and his father refused, according to court documents. Last year, he was accused of punching his then-girlfriend, who feared he would shoot himself with a rifle.

The appeals court had allowed the ban to go into effect except for foreign nationals who have "bona fide" relationships with people or entities in the United States. The lack of policy review leading up to the ban - the Trump Administration didn't talk to experts, hold hearings, etc., which are things that politicians who are actually concerned about the military's effectiveness would do - made it hard for the judges to believe that Trump was trying to ban transgender people from the military for a legitimate government interest. "We continue to believe that the order should be allowed to take effect in its entirety", DOJ spokeswoman Lauren Ehrsam said in a statement.

The San Francisco-based 9th Circuit decision largely upheld an injunction issued by a Hawaii-based judge in October.

Earlier this week, the Supreme Court delivered a spanking in overturning another 9th Circuit ruling related to the president's decision to end the Obama-era Deferred Action for Childhood Arrivals deportation amnesty program.

The lawsuit before the 9th Circuit was filed by the state of Hawaii, the Muslim Association of Hawaii and the association's imam, whose mother-in-law lives in Syria. The Attorney General's motion argued that California would have a harder time recruiting for the National Guard, would have to violate its own anti-discrimination law, and would be forced to require state universities to discriminate in their ROTC programs.

Under the president's September proclamation, visitors from those countries were restricted from entering the USA, to varying degrees.


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