A federal appeals court said Thursday that President Donald Trump's latest travel ban targeting nationals of six Muslim-majority countries unconstitutionally discriminates against Muslims.
The Richmond, Va.-based 4th U.S. Circuit Court of Appeals' 9-4 vote makes it the second federal appellate court to say the ban is illegal since it went into effect in September.
The San Francisco-based 9th U.S. Circuit ruled in December that the travel ban violated federal immigration law.
Both rulings have no current effect, as the Supreme Court has said the ban can go into place while it is challenged in the nation's highest court. Supreme Court justices are expected to hear arguments concerning the ban in April and rule on its constitutionality in June.
"Plaintiffs offer undisputed evidence that the president of the United States has openly and often expressed his desire to ban those of Islamic faith from entering" the U.S., 4th Circuit Chief Judge Roger L. Gregory wrote in a majority opinion. "The Proclamation is thus not only a likely Establishment Clause violation, but also strikes at the basic notion that the government may not act based on 'religious animosity.' "
The travel ban is the third version that the Trump administration has put into place since January 2017. It prevents travel to the U.S. by most nationals of Chad, Iran, Libya, Somalia, Syria and Yemen. It also blocks travel by North Koreans and Venezuelans with certain government ties.
The administration has argued in federal courts that its bans are necessary for national security. Government lawyers say the administration does not target Muslims but countries whose nationals cannot be properly vetted to ensure they are not threats to the U.S.
Opponents have argued that the bans stem from the president's campaign promise to suspend all Muslim immigration to the U.S. They say the bans violate the Constitution by discriminating against a religious group and go against the Immigration and Nationality Act of 1965 by discriminating against immigrants based upon nationality.
