Nearly 100 tech companies filed a legal brief opposing President Trump’s immigration ban, most noticeably Apple, Google, Twitter, and Microsoft. The brief states that Trump’s executive order created a sudden shift in the rules governing entry into the U.S. and causes harm to American companies.
Monday saw new challenges to President Trump’s court-frozen immigration Executive Order when two former secretaries of state claimed the order undermined national security and nearly 100 Silicon Valley tech companies stated that it will prevent the best minds from coming to United States. These influential new voices were added as another legal battle is set to start on Monday.
Meanwhile, the suspension of the order by the courts has allowed travelers previously banned time more time to try to come back the United States. Mustafa Aidid, a 22-year-old Somali, was blocked from boarding a flight in Dubai for five days despite a U.S. visa. He finally arrived at Dulles International Airport on Monday, greeted by his family.
Aidid was ecstatic to go through customs successfully. He lives in the United Arab Emirates and had received a temporary visa to marry his childhood sweetheart in the United States. His visa took two years to be approved.
Appeal and Preservation
On Sunday, The U.S. Court of Appeals for the 9th Circuit preserved a lower judge’s order to temporarily halt the ban. The stop will remain in place at least until Monday according to the schedule the court outlined. The Justice Department decided not to elevate the dispute to the Supreme Court before that.
In response to the halt, Trump tweeted that he had “instructed Homeland Security to check people coming into our country VERY CAREFULLY.” “Just cannot believe a judge would put our country in such peril,” He added in another tweet “If something happens blame him and court system. People pouring in. Bad!” In another tweet, Trump dismissed the various polls showing opposition to the executive order as “fake news”. “Sorry, people want border security and extreme vetting.” He added
In the early hours of Monday, the states of Washington and Minnesota asked the appeals court to maintain the suspension of the ban. Justice Department lawyers had until 6 p.m. to respond, afterwards, the court will schedule a hearing to rule whether the ban should remain on hold or not, making the next few days critical for the future of the president’s executive order.
A legal brief named “Friend of the court” was submitted by 97 companies opposing the Trump administration’s immigration order, including several technology giants such as Apple, Facebook, Google, Microsoft, Netflix, Twitter, and Uber stated that the order was a “significant departure” from U.S. immigration policies and “makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees.”
While the halt is in effect, people who had been stranded due to the executive order are rushing to fly back to the States. Not everyone has been able to reunite with their family members though, as some passengers had their visas physically taken or marked as invalid.
The Trump administration is claiming that the ban is necessary for national security and has been supporting the executive order with the president showing disdain for the judge in Washington State who put a stop to it, tweeting on Saturday “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
According to legal analysts the president has broad authority to set immigration policy, however, civil liberties advocates are describing the order as a discriminatory ban on Muslims with no real national security purpose.
Some Republicans in Congress, appearing on Sunday morning television talk shows, took issue with the president description of U.S. District Judge James L. Robart as a “so-called judge.” Sen. Ben Sasse (R-Neb.) said “I don’t understand language like that, we don’t have any so-called judges, we have real judges.” Senate Majority Leader Mitch McConnell (R-Ky.) said that it’s best to avoid criticizing judges individually.
Judge Robart temporarily halted the ban on Friday as a response to those arguments. The 9th Circuit Judges William C. Canby Jr. (appointed by President Jimmy Carter), and Michelle Taryn Friedland (appointed by President Barack Obama) denied the Justice Department’s request on Sunday to restore it immediately.
The losing side can request intervention from the Supreme Court, however given the court current composition, it is unlikely to be able to rule. Five votes are required for a ruling but since the death of Justice Antonin Scalia nearly a year ago, the court has been shorthanded and it is ideologically divided between four more liberal justices and four conservative-leaning ones.
Fresco added that the government should maintain an orderly process in one court, as opposed to fighting it out all across the country in different courts, and working its way to the Supreme Court. To let calmer heads prevail and conduct the security analysis that was going to be conducted during these proposed 90 days given that according to the president, this is not an outright travel ban forever.
The Justice Department requested the appeals court to intervene on Sunday proclaiming that it was not a lower court’s place to second-guessing the president’s judgment on a national security matter.