9th Circuit Partially Lifts Block on Trump Refugee Order

President Donald Trump earned a legal victory Tuesday when the 9th U.S. Circuit Court of Appeals partially stayed a preliminary injunction that ordered the administration to resume the U.S. Refugee Admissions Program, which had been suspended under an Inauguration Day executive order.

Last month, three faith-based refugee assistance groups and nine individuals sued the administration in Washington state, arguing the suspension violated Congress' authority to make immigration laws. U.S. District Judge Jamal Whitehead issued a preliminary injunction Feb. 28 that Trump's executive order likely "crossed the line" of separation of powers.

In a two-page unsigned order, the 9th Circuit stayed the preliminary injunction, citing the 2018 U.S. Supreme Court ruling in Trump v. Hawaii regarding Trump's efforts in his first term to restrict immigration to the U.S. by migrants from eight countries, many of whom were Muslim.

The 9th Circuit wrote that the high court determined that federal law "exudes deference" to the president and "vests him with ample power to impose entry restrictions in addition to those elsewhere enumerated" in the Immigration and Nationality Act.

But it did rule the injunction does apply "to individuals who were conditionally approved for refugee status by the United States Citizenship and Immigration Services" before Trump issued his executive order.

The court also stated the order "does not purport to revoke the refugee status of individuals who received that status under the United States Refugee Admissions Program" before Jan. 20.

Whitehead, appointed by then-President Joe Biden, on Monday issued another preliminary injunction on the executive order following complaints by the plaintiffs that Secretary of State Marco Rubio began terminating every resettlement agency cooperative agreement for domestic reception of refugees and placement services and all but one agreement for processing support abroad.

Whitehead ruled in a 37-page order that the administration's termination of decades-old agreements without reasoned explanation likely constitutes arbitrary and capricious action that cannot stand. He ordered government attorneys to submit a status report detailing their efforts to comply with the preliminary injunction by March 31.

The 9th Circuit's partial stay noted Whitehead's Feb. 28 preliminary injunction but not the one issued Monday. The International Refugee Assistance Project, one of the three agencies connected to the lawsuit, said Tuesday in a news release that Whitehead's second injunction remains in effect "and the U.S. government must restore funding to those agencies."

"The court affirmed that the government must continue processing and admitting eligible refugees whose lives were upended by President Trump's refugee ban," said Melissa Keaney, IRAP's senior supervising litigation attorney said in the news release. "We welcome this continued relief for tens of thousands of refugees who will now have the opportunity to restart their lives in the United States, and look forward to arguing this case in full. IRAP will continue to fight for our clients and to ensure the United States Refugee Admissions Program continues to offer lifesaving services to people fleeing violence and persecution from around the world."

Newsmax contacted the Department of Justice for comment.

GET TODAY NEWSMAX+:

NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!

Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.

You need to watch NEWSMAX today.

Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!

Find the NEWSMAX channel on your cable system – Go Here Now

BEST OFFER:

Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.

Find hundreds of shows, movies and specials.

Even get Jon Voight's special series and President Trump's comedy programs and much more!

Watch NEWSMAX+ on your smartphone or home TV app.