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Trump admin appeals against court order which stayed H-1B travel ban

The Trump administration has approached the appeals court (known as the ninth circuit) against an order of the district court, which had granted a preliminary injunction against the travel ban for H-1B and other work visa holders. In other words, it has contested for reimposition of the travel ban.
As reported by TOI, in its edition of October 2, Judge Jeffrey White, had granted a preliminary injunction and had stayed the ‘proclamation’ by US President Donald Trump which temporarily banned entry for H-1B and other nonimmigrant work visa categories, at least until end of 2020. The grounds for this stay were that the US president had exceeded his constitutional authority. The proclamation dealt with a purely domestic issue — the loss of employment during a pandemic. There was no national security or foreign affairs justification, thus normal policy-making channels would be the route to follow, the judge had indicated.
This lawsuit against the department homeland securi- other agenci- filed by a host associations National Association Manufacturers (NAM), business interests by the ban. Several including Apple, Amazon Microsoft had also filed amicus brief to support lawsuit. While this was class-action suit, the the preliminary was sweeping as the bulk of US employers were members of the associations who had filed the lawsuit. For instance, 14,000 US firms are members of NAM.
Since June 22, when the proclamation was announced, there have been some relaxations. However, the stay by the district court, had meant that all H-1B employees would be allowed to enter the US and not merely those covered by the exclusions. Immigration attorneys told TOI, that the US government agencies in the course of their appeal, are relying on an earlier order issued by Judge Mehta which had upheld the H-1B travel ban. The Trump administration is also relying on a US Supreme Court order passed in June 2018, which had upheld the president’s travel ban against citizens from certain Muslim dominant countries.

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