The 9th Circuit ruled the original travel ban was unlikely to be upheld in court, finding it violated due process, which requires the government to give sufficient time and opportunity for people affected by the ban to respond. But there’s a complexity here — different groups have different due-process rights. The new ban took the second path, exempting all current visa holders and allowing affected visa applicants to apply for waivers. Americans with an “interest” in a specific foreign national being admitted to the country (such as the American’s family members) have due-process rights, according to the 9th Circuit’s ruling. Since there is no outlined process for those people to petition for their or their family’s lawful entry, the ban may still violate due-process rights, Fresco said.

Source: Washington Post March 06, 2017 18:07 UTC