Tag Archives: vetting

Pressure mounts on FBI for answers on Florida naval base shooting

By Brad Brooks

PENSACOLA, Fla. (Reuters) – U.S. investigators face mounting pressure on Monday to deliver answers on the motive that led a Saudi Air Force lieutenant to shoot and kill three people and wounded eight others at a U.S. Navy base in Pensacola, Florida.

Florida Governor Ron DeSantis, speaking at a Sunday evening press conference, said he was sure the gunman carried out an act of terrorism. He questioned whether it could have been prevented by better vetting of foreign military officers who train in the United States.

“There is a lot of frustration in our state over this,” DeSantis said. “You have foreign military personnel coming to our base. They should not be doing that if they hate our country.”

The FBI said it thinks that the shooter, Second Lieutenant Mohammed Saeed Alshamrani, 21, acted alone when he opened fire inside a classroom at the base early on Friday morning.

The bureau said it was not ruling out labeling the violence as an act of terrorism, but that it still had many people to interview on Monday and was still collecting evidence at what it called an active crime scene.

The New York Times reported late Sunday that it had reviewed an official complaint Alshamrani lodged in April against an instructor at the base who had made derogatory comments about his appearance, but that there was no apparent connection between that incident and the shooting.

The FBI confirmed on Sunday that Alshamrani had legally purchased somewhere in Florida the Glock 9mm pistol he used in the shooting. DeSantis said he was able to buy the firearm because of a “federal loophole” in gun laws that allow nonimmigrant foreign nationals to purchase weapons for an array of reasons, including if they simply have a hunting license.

“I’m big supporter of the Second Amendment, but it’s so Americans can keep and bear arms, not Saudi Arabians,” the governor told reporters.

Alshamrani was on the base as part of a U.S. Navy training program designed to foster links with foreign allies. He had started training in the United States in 2017 and had been in the Pensacola area for the past 18 months, authorities said.

His fellow Saudi students were speaking directly with American investigators and were restricted to the base on order of the Saudi military, Rojas said.

(Reporting by Brad Brooks)

IBM urged to avoid working on ‘extreme vetting’ of U.S. immigrants

IBM urged to avoid working on 'extreme vetting' of U.S. immigrants

By Dustin Volz

WASHINGTON (Reuters) – A coalition of rights groups launched an online petition on Thursday urging IBM Corp to declare that it will not develop technology to help the Trump administration carry out a proposal to identify people for visa denial and deportation from the United States.

IBM and several other technology companies and contractors, including Booz Allen Hamilton, LexisNexis and Deloitte [DLTE.UL], attended a July informational session hosted by immigration enforcement officials that discussed developing technology for vetting immigrants, said Steven Renderos, organizing director at petitioner the Center for Media Justice.

President Donald Trump has pledged to harden screening procedures for people looking to enter the country, and also called for “extreme vetting” of certain immigrants to ensure they are contributing to society, saying such steps are necessary to protect national security and curtail illegal immigration.

The rights group said the proposals run counter to IBM’s stated goals of protecting so-called “Dreamer” immigrants from deportation.

Asked about the petition and whether it planned to work to help vet and deport immigrants, an IBM spokeswoman said the company “would not work on any project that runs counter to our company’s values, including our long-standing opposition to discrimination against anyone on the basis of race, gender, sexual orientation or religion.”

The petition is tied to a broader advocacy campaign, also begun Thursday, that objects to the U.S. Immigration and Customs Enforcement’s (ICE) Extreme Vetting Initiative.

In an Oct. 5 email seen by Reuters, Christopher Padilla, IBM’s vice president of government affairs, cited the company’s opposition to discrimination in response to an inquiry about the vetting program from the nonprofit group Open Mic.

Padilla said the meeting IBM attended was only informational and it was “premature to speculate” whether the company would pursue business related to the Extreme Vetting Initiative.

Booz Allen Hamilton, LexisNexis and Deloitte did not immediately respond when asked about the campaign, which also highlighted their attendance at the July meeting.

ICE wants to use machine learning technology and social media monitoring to determine whether an individual is a “positively contributing member of society,” according to documents published on federal contracting websites.

More than 50 civil society groups and more than 50 technical experts sent separate letters on Thursday to the Department of Homeland Security saying the vetting program as described was “tailor-made for discrimination” and contending artificial intelligence was unable to provide the information ICE desired.

Opponents of Trump’s policies ranging from immigration to trade have been pressuring IBM and other technology companies to avoid working on proposals in these areas from the Republican president’s administration.

Shortly after the presidential election last year, for example, several internet firms pledged that they would not help Trump build a data registry to track people based on their religion or assist in mass deportations.

IBM is among dozens of technology companies to join a legal briefing opposing Trump’s decision to end the “Dreamer” program that protects from deportation about 900,000 immigrants brought illegally into the United States as children.

“While on the one hand they’ve expressed their support for Dreamers, they’re also considering building a platform that would make it easier to deport them,” Renderos said.

CREDO, Daily Kos, and Color of Change also organized the petition.

(Reporting by Dustin Volz in Washington, additional reporting by Salvador Rodriguez in San Francisco, Editing by Rosalba O’Brien and David Gregorio)

Trump slaps travel restrictions on North Korea, Venezuela in sweeping new ban

International passengers wait for their rides outside the international arrivals exit at Washington Dulles International Airport in Dulles, Virginia, U.S. September 24, 2017.

By Jeff Mason and Phil Stewart

WASHINGTON (Reuters) – President Donald Trump on Sunday slapped new travel restrictions on citizens from North Korea, Venezuela and Chad, expanding to eight the list of countries covered by his original travel bans that have been derided by critics and challenged in court.

Iran, Libya, Syria, Yemen and Somalia were left on the list of affected countries in a new proclamation issued by the president. Restrictions on citizens from Sudan were lifted.

The measures help fulfill a campaign promise Trump made to tighten U.S. immigration procedures and align with his “America First” foreign policy vision. Unlike the president’s original bans, which had time limits, this one is open-ended.

“Making America Safe is my number one priority. We will not admit those into our country we cannot safely vet,” the president said in a tweet shortly after the proclamation was released.

Iraqi citizens will not be subject to travel prohibitions but will face enhanced scrutiny or vetting.

The current ban, enacted in March, was set to expire on Sunday evening. The new restrictions are slated to take effect on Oct. 18 and resulted from a review after Trump’s original travel bans sparked international outrage and legal challenges.

The addition of North Korea and Venezuela broadens the restrictions from the original, mostly Muslim-majority list.

An administration official, briefing reporters on a conference call, acknowledged that the number of North Koreans now traveling to the United States was very low.

Rights group Amnesty International USA condemned the measures.

“Just because the original ban was especially outrageous does not mean we should stand for yet another version of government-sanctioned discrimination,” it said in a statement.

“It is senseless and cruel to ban whole nationalities of people who are often fleeing the very same violence that the U.S. government wishes to keep out. This must not be normalized.”

The American Civil Liberties Union said in a statement the addition of North Korea and Venezuela “doesn’t obfuscate the real fact that the administration’s order is still a Muslim ban.”

The White House portrayed the restrictions as consequences for countries that did not meet new requirements for vetting of immigrants and issuing of visas. Those requirements were shared in July with foreign governments, which had 50 days to make improvements if needed, the White House said.

A number of countries made improvements by enhancing the security of travel documents or the reporting of passports that were lost or stolen. Others did not, sparking the restrictions.

The announcement came as the U.S. Supreme Court prepares to hear oral arguments on Oct. 10 over the legality of Trump’s previous travel ban, including whether it discriminated against Muslims.

 

NORTH KOREA, VENEZUELA ADDED

Trump has threatened to “destroy” North Korea if it attacks the United States or its allies. Pyongyang earlier this month conducted its most powerful nuclear bomb test. The president has also directed harsh criticism at Venezuela, once hinting at

a potential military option to deal with Caracas.

But the officials described the addition of the two countries to Trump’s travel restrictions as the result of a purely objective review.

In the case of North Korea, where the suspension was sweeping and applied to both immigrants and non-immigrants, officials said it was hard for the United States to validate the identity of someone coming from North Korea or to find out if that person was a threat.

“North Korea, quite bluntly, does not cooperate whatsoever,” one official said.

The restrictions on Venezuela focused on Socialist government officials that the Trump administration blamed for the country’s slide into economic disarray, including officials from the Bolivarian National Intelligence Service and their immediate families.

Trump received a set of policy recommendations on Friday from acting Secretary of Homeland Security Elaine Duke and was briefed on the matter by other administration officials, including Attorney General Jeff Sessions and Secretary of State Rex Tillerson, a White House aide said.

The rollout on Sunday was decidedly more organized than Trump’s first stab at a travel ban, which was unveiled with little warning and sparked protests at airports worldwide.

Earlier on Sunday, Trump told reporters about the ban: “The tougher, the better.”

Rather than a total ban on entry to the United States, the proposed restrictions differ by nation, based on cooperation with American security mandates, the threat the United States believes each country presents and other variables, officials said.

Somalis, for example, are barred from entering the United States as immigrants and subjected to greater screening for visits.

After the Sept. 15 bombing attack on a London train, Trump wrote on Twitter that the new ban “should be far larger, tougher and more specific – but stupidly, that would not be politically correct.”

The expiring ban blocked entry into the United States by people from the six countries for 90 days and locked out most aspiring refugees for 120 days to give Trump’s administration time to conduct a worldwide review of U.S. vetting procedures for foreign visitors.

Critics have accused the Republican president of discriminating against Muslims in violation of constitutional guarantees of religious liberty and equal protection under the law, breaking existing U.S. immigration law and stoking religious hatred.

Some federal courts blocked the ban, but the U.S. Supreme Court allowed it to take effect in June with some restrictions.

 

(Additional reporting by James Oliphant, Yeganeh Torbati, and Lawrence Hurley; Editing by Peter Cooney)

 

Trump administration moves to make tougher U.S. visa vetting permanent

A sign warns of surveillance at the International Arrival area at Logan Airport in Boston.

By Yeganeh Torbati

WASHINGTON (Reuters) – The Trump administration moved on Thursday to make permanent a new questionnaire that asks some U.S. visa applicants to provide their social media handles and detailed biographical and travel history, according to a public notice.

The questionnaire was rolled out in May as part of an effort to tighten vetting of would-be visitors to the United States, and asks for all prior passport numbers, five years’ worth of social media handles, email addresses and phone numbers and 15 years of biographical information including addresses, employment and travel history. (See: http://bit.ly/2v0qsR2)

A State Department official declined to provide data on how many times the form had been used or which nationalities had been asked to fill it out since May, only stating that it estimates 65,000 visa applicants per year “will present a threat profile” that warrants the extra screening.

President Donald Trump ran for office in 2016 pledging to crack down on illegal immigration for security reasons, and has called for “extreme vetting” of foreigners entering the United States. On Wednesday, he threw his support behind a bill that would cut legal immigration to the United States by 50 percent over 10 years.

The Office of Management and Budget, which must approve most new federal requests of information from the public, initially approved the form on an “emergency” basis, which allowed its use for six months rather than the usual three years.

The State Department published a notice in the Federal Register on Thursday seeking to use the form for the next three years. The public has 60 days to comment on the request.

The questions are meant to “more rigorously evaluate applicants for terrorism, national security-related, or other visa ineligibilities,” the notice said.

While the questions are voluntary, the form says failure to provide the information may delay or prevent the processing of a visa application.

Trump ordered a temporary travel ban in March on citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. After months of legal wrangling, the Supreme Court in June allowed the travel ban to go forward with a limited scope.

The form does not target any particular nationality.

Seyed Ali Sepehr, who runs an immigration consultancy in California serving Iranian clients applying for U.S. visas, said that since late June, all of his clients who have been referred for extra security checks have also been asked to fill out the new form.

Kiyanoush Razaghi, an immigration attorney based in Maryland, said he knows of Iraqis, Libyans and Iranians who have been asked to fill out the form.

Immigration attorney Steve Pattison said one of his clients, who is not from one of the six travel ban countries, had been asked to fill out the new form when applying for a visitor visa, indicating that consular officers are using it broadly.

“It could be that everyone is missing another consequence of the use of the form – its deployment in a far wider sense to cover all sorts of individuals,” Pattison said.

 

(Reporting by Yeganeh Torbati; editing by Sue Horton and Grant McCool)

 

Trump administration moves to make tougher U.S. visa vetting permanent

FILE PHOTO: A sign warns of surveillance at the International Arrival area, on the day that U.S. President Donald Trump's limited travel ban, approved by the U.S. Supreme Court, goes into effect, at Logan Airport in Boston, Massachusetts, U.S., June 29, 2017. REUTERS/Brian Snyder

By Yeganeh Torbati

WASHINGTON (Reuters) – The Trump administration moved on Thursday to make permanent a new questionnaire that asks some U.S. visa applicants to provide their social media handles and detailed biographical and travel history, according to a public notice.

The questionnaire was rolled out in May as part of an effort to tighten vetting of would-be visitors to the United States, and asks for all prior passport numbers, five years’ worth of social media handles, email addresses and phone numbers and 15 years of biographical information including addresses, employment and travel history. (See: http://bit.ly/2v0qsR2)

A State Department official declined to provide data on how many times the form had been used or which nationalities had been asked to fill it out since May, only stating that it estimates 65,000 visa applicants per year “will present a threat profile” that warrants the extra screening.

President Donald Trump ran for office in 2016 pledging to crack down on illegal immigration for security reasons, and has called for “extreme vetting” of foreigners entering the United States. On Wednesday, he threw his support behind a bill that would cut legal immigration to the United States by 50 percent over 10 years.

The Office of Management and Budget, which must approve most new federal requests of information from the public, initially approved the form on an “emergency” basis, which allowed its use for six months rather than the usual three years.

The State Department published a notice in the Federal Register on Thursday seeking to use the form for the next three years. The public has 60 days to comment on the request. (See: http://bit.ly/2uZNXJD)

The questions are meant to “more rigorously evaluate applicants for terrorism, national security-related, or other visa ineligibilities,” the notice said.

While the questions are voluntary, the form says failure to provide the information may delay or prevent the processing of a visa application.

Trump ordered a temporary travel ban in March on citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. After months of legal wrangling, the Supreme Court in June allowed the travel ban to go forward with a limited scope.

The form does not target any particular nationality.

Seyed Ali Sepehr, who runs an immigration consultancy in California serving Iranian clients applying for U.S. visas, said that since late June, all of his clients who have been referred for extra security checks have also been asked to fill out the new form.

Kiyanoush Razaghi, an immigration attorney based in Maryland, said he knows of Iraqis, Libyans and Iranians who have been asked to fill out the form.

Immigration attorney Steve Pattison said one of his clients, who is not from one of the six travel ban countries, had been asked to fill out the new form when applying for a visitor visa, indicating that consular officers are using it broadly.

“It could be that everyone is missing another consequence of the use of the form – its deployment in a far wider sense to cover all sorts of individuals,” Pattison said.

(Reporting by Yeganeh Torbati; editing by Sue Horton and Grant McCool)

Exclusive: U.S. asks nations to provide more traveler data or face sanctions

Staff demonstrate the flow of passengers as they queue to X-ray shoes, mobile phone and bags at the security gates at Cointrin airport in Geneva, Switzerland, November 24, 2016. REUTERS/Denis Balibouse

By Arshad Mohammed and Mica Rosenberg

WASHINGTON (Reuters) – The U.S. State Department will require all nations to provide extensive data to help it vet visa applicants and determine whether a traveler poses a terrorist threat, according to a cable obtained by Reuters.

Countries that fail to comply with the new protocols or take steps to do so within 50 days could face travel sanctions.

The cable, sent to all U.S. diplomatic posts on Wednesday, is a summary of a worldwide review of vetting procedures that was required under U.S. President Donald Trump’s revised March 6 executive order that temporarily banned U.S. travel by most citizens from six predominantly Muslim countries.

The memo lays out a series of standards the United States will require of other countries, including that they issue, or have active plans to issue, electronic passports and regularly report lost and stolen passports to INTERPOL.

It also directs nations to provide “any other identity information” requested by Washington for U.S. visa applicants, including biometric or biographic details.

The cable sets out requirements for countries to provide data on individuals it knows or has grounds to believe are terrorists as well as criminal record information.

Further, countries are asked not to block the transfer of information about U.S.-bound travelers to the U.S. government and not to designate people for travel watchlists based solely on their political or religious beliefs.

“This is the first time that the U.S. Government is setting standards for the information that is required from all countries specifically in support of immigration and traveler vetting,” the cable said.

The cable can be read here: (http://reut.rs/2untHTl).

The new requirements are the latest in a series of steps the Trump administration says it is taking to better protect the United States from terrorist attack.

However, former officials said much of the information sought is routinely shared between countries, including examples of passports and additional details about particular travelers that may present security concerns.

Some U.S. allies may worry about privacy protections if Washington is seen as seeking information beyond what is already shared, said John Sandweg, a former senior Homeland Security Department official now with the firm Frontier Solutions.

“I don’t think you can ignore the political aspects of the unpopularity of the current administration. That puts political pressure to stand up to the administration,” he said.

The cable lays out risk factors the U.S. government will consider when evaluating a country. Some of these are controversial and could be difficult for countries to prove to U.S. satisfaction, including ensuring “that they are not and do not have the potential to become a terrorist safe haven.”

Countries are also expected to agree to take back citizens ordered removed from the United States.

If they do not provide the information requested, or come up with an adequate plan to, countries could end up on a list to be submitted to Trump for possible sanction, including barring “categories” of their citizens from entering the United States.

The real worries for countries may not come until the results of this review are known, said Leon Rodriguez, the former director of U.S. Citizenship and Immigration Services.

“Once they start making decisions I think that is where there is going to be a lot of anxiety,” he said, saying delays in visa processing for nations that do not pose much of a threat could start to hurt “ordinary business and personal travel.”

The most controversial of Trump’s immigration-related moves are two executive orders, challenged in federal court, which impose a temporary ban on travel to the United States for most citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen.

While the orders were initially blocked from being enforced, the Supreme Court on June 26 allowed the ban to go into effect for people from the six nations with no strong ties to the United States.

The cable requires countries to act quickly, but stressed that the United States would work with foreign nations to assess if they meet the standards and, if not, to come up with a plan to help them do so.

The cable asks that U.S. diplomats “underscore that while it is not our goal to impose a ban on immigration benefits, including visas, for citizens of any country, these standards are designed to mitigate risk, and failure to make progress could lead to security measures by the USG, including a presidential proclamation that would prohibit the entry of certain categories of foreign nationals of non-compliant countries.”

The cable says the U.S. government has made a preliminary determination that some countries do not meet the new standards and that others are “at risk” of not meeting them. It does not name these, listing them in a separate, classified cable.

The State Department declined comment on the cable, saying it would not discuss internal communications.

“The U.S. government’s national security screening and vetting procedures for visitors are constantly reviewed and refined to improve security and more effectively identify individuals who could pose a threat to the United States,” said a U.S. State Department official on condition of anonymity.

(Additional reporting by Julia Ainsley and Andrew Chung; Editing by Sue Horton, Bernadette Baum and David Gregorio)

Trump administration approves tougher visa vetting, including social media checks

A U.S. Customs and Border Protection arm patch and badge

By Yeganeh Torbati

WASHINGTON (Reuters) – The Trump administration has rolled out a new questionnaire for U.S. visa applicants worldwide that asks for social media handles for the last five years and biographical information going back 15 years.

The new questions, part of an effort to tighten vetting of would-be visitors to the United States, was approved on May 23 by the Office of Management and Budget despite criticism from a range of education officials and academic groups during a public comment period.

Critics argued that the new questions would be overly burdensome, lead to long delays in processing and discourage international students and scientists from coming to the United States.

Under the new procedures, consular officials can request all prior passport numbers, five years’ worth of social media handles, email addresses and phone numbers and 15 years of biographical information including addresses, employment and travel history.

Officials will request the additional information when they determine “that such information is required to confirm identity or conduct more rigorous national security vetting,” a State Department official said on Wednesday.

The State Department said earlier the tighter vetting would apply to visa applicants “who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities.”

President Donald Trump has vowed to increase national security and border protections, proposing to give more money to the military and make Mexico pay to build a wall along the southern U.S. border.

He has tried to implement a temporary travel ban on people from six Muslim-majority nations that a U.S. appeals court refused to reinstate, calling it discriminatory and setting the stage for a showdown in the Supreme Court.

The Office of Management and Budget granted emergency approval for the new questions for six months, rather than the usual three years.

While the new questions are voluntary, the form says failure to provide the information may delay or prevent the processing of an individual visa application.

Immigration lawyers and advocates say the request for 15 years of detailed biographical information, as well as the expectation that applicants remember all their social media handles, is likely to catch applicants who make innocent mistakes or do not remember all the information requested.

The new questions grant “arbitrary power” to consular officials to determine who gets a visa with no effective check on their decisions, said Babak Yousefzadeh, a San Francisco-based attorney and president of the Iranian American Bar Association.

“The United States has one of the most stringent visa application processes in the world,” Yousefzadeh said. “The need for tightening the application process further is really unknown and unclear.”

(Editing by Sue Horton and Lisa Shumaker)

Exclusive: U.S. starts ‘extreme vetting’ at Australia’s offshore detention centers

An undated handout image from Amnesty International claiming to show the view of inside the living quarters at the country's Australian-run detention centre on the Pacific island nation of Nauru. Amnesty International/Handout via REUTERS

By Colin Packham

SYDNEY (Reuters) – U.S. Homeland Security officials have begun “extreme vetting” interviews at Australia’s offshore detention centers, two sources at the camps told Reuters on Tuesday, as Washington honors a refugee swap that U.S. President Donald Trump had called “a dumb deal”.

The Trump administration said last month the agreement to offer refuge to up to 1,250 asylum seekers in the centers would progress on condition that refugees satisfied strict checks.

In exchange, Australia has pledged to take Central American refugees from a center in Costa Rica, where the United States has expanded intake in recent years, under the deal struck with former President Barack Obama.

The first security interviews finished last week at Papua New Guinea’s Manus Island detention center, two refugees who went through the process told Reuters.

The refugees told Reuters that interviews began with an oath to God to tell the truth and then proceeded for as long as six hours, with in-depth questions on associates, family, friends and any interactions with the Islamic State militant group.

“They asked about why I fled my home, why I sought asylum in Australia,” said one refugee who declined to be named, fearing it could jeopardize his application for U.S. resettlement.

The security interviews are the last stage of U.S. consideration of applicants.

Manus Island is one of two Australian-operated detention centers, which hold nearly 1,300 people who were intercepted trying to reach Australia by boat.

Human rights groups have condemned the intercept policy and the harsh conditions of the camps. Australia says offshore processing is needed as a deterrent after thousands of people drowned at sea before the policy was introduced in 2013.

A decision on the fate of the first 70 people interviewed is expected to be reached within the next month, a different source who works with refugees said.

A spokesman for Australia’s immigration minister refused to comment on the resettlement process.

The U.S. State Department and White House did not immediately respond to questions.

U.S. President Donald Trump’s plans for extreme vetting have extended to those traveling to the United States from Muslim countries.

Australia’s relationship with the new administration in Washington got off to a rocky start when Trump lambasted Australian Prime Minister Malcolm Turnbull over the resettlement arrangement, which Trump labeled a “dumb deal”.

Details of an acrimonious phone call between the pair soon after Trump took office made headlines around the world. Australia is one of Washington’s staunchest allies and has sent troops to fight alongside the U.S. military in conflicts in Iraq and Afghanistan.

The relocation of asylum seekers to the United States is designed to help Papua New Guinea and Australia proceed with the planned closure of the Manus detention center on Oct. 31.

But the fate of approximately 200 men deemed non-refugees is uncertain.

Those not offered resettlement in the United States will be offered the chance to settle in Papua New Guinea or return home.

Australia has already offered detainees up to $25,000 to voluntarily return home; an offer very few have taken up.

(Reporting by Colin Packham; Editing by Bill Tarrant)

In travel ban case, U.S. judges focus on discrimination, Trump’s powers

People protest U.S. President Donald Trump's travel ban outside of the U.S. Court of Appeals in Seattle, Washington, U.S. May 15, 2017. REUTERS/David Ryder

By Tom James

SEATTLE (Reuters) – U.S. appeals court judges on Monday questioned the lawyer defending President Donald Trump’s temporary travel ban about whether it discriminates against Muslims and pressed challengers to explain why the court should not defer to Trump’s presidential powers to set the policy.

The three-judge 9th U.S. Circuit Court of Appeals panel was the second court in a week to review Trump’s directive banning people entering the United States from six Muslim-majority countries.

Opponents – including the state of Hawaii and civil rights groups – say that both Trump’s first ban and later revised ban discriminate against Muslims. The government argues that the text of the order does not mention any specific religion and is needed to protect the country against attacks.

In addressing the Justice Department at the hearing in Seattle, 9th Circuit Judge Richard Paez pointed out that many of Trump’s statements about Muslims came “during the midst of a highly contentious (election) campaign.” He asked if that should be taken into account when deciding how much weight they should be given in reviewing the travel ban’s constitutionality.

Neal Katyal, an attorney for Hawaii which is opposing the ban, said the evidence goes beyond Trump’s campaign statements.

“The government has not engaged in mass, dragnet exclusions in the past 50 years,” Katyal said. “This is something new and unusual in which you’re saying this whole class of people, some of whom are dangerous, we can ban them all.”

The Justice Department argues Trump issued his order solely to protect national security.

Outside the Seattle courtroom a group of protesters gathered carrying signs with slogans including, “The ban is still racist” and “No ban, no wall.”

Paez asked if an executive order detaining Japanese-Americans during the World War Two would pass muster under the government’s current logic.

Acting U.S. Solicitor General Jeffrey Wall, arguing on behalf of the Trump administration, said that the order from the 1940s, which is now viewed as a low point in U.S. civil rights history, would not be constitutional.

If Trump’s executive order was the same as the one involving Japanese-Americans, Wall said: “I wouldn’t be standing here, and the U.S. would not be defending it.”

Judge Michael Daly Hawkins asked challengers to Trump’s ban about the wide latitude held by U.S. presidents to decide who can enter the country.

“Why shouldn’t we be deferential to what the president says?” Hawkins said.

“That is the million dollar question,” said Katyal. A reasonable person would see Trump’s statements as evidence of discriminatory intent, Katyal said.

In Washington, White House spokesman Sean Spicer said at a news briefing that the executive order is “fully lawful and will be upheld. We believe that.”

The panel, made up entirely of judges appointed by Democratic former President Bill Clinton, reviewed a Hawaii judge’s ruling that blocked parts of the Republican president’s revised travel order.

LIKELY TO GO TO SUPREME COURT

The March order was Trump’s second effort to craft travel restrictions. The first, issued on Jan. 27, led to chaos and protests at airports before it was blocked by courts. The second order was intended to overcome the legal problems posed by the original ban, but it was also suspended by judges before it could take effect on March 16.

U.S. District Judge Derrick Watson in Hawaii blocked 90-day entry restrictions on people from Libya, Iran, Somalia, Sudan, Syria and Yemen, as well as part of the order that suspended entry of refugee applicants for 120 days.

As part of that ruling, Watson cited Trump’s campaign statements on Muslims as evidence that his executive order was discriminatory. The 9th Circuit previously blocked Trump’s first executive order.

Last week the 4th U.S. Circuit Court of Appeals in Virginia reviewed a Maryland judge’s ruling that blocked the 90-day entry restrictions. That court is largely made up of Democrats, and the judges’ questioning appeared to break along partisan lines. A ruling has not yet been released.

Trump’s attempt to limit travel was one of his first major acts in office. The fate of the ban is one indication of whether the Republican can carry out his promises to be tough on immigration and national security.

The U.S. Supreme Court is likely to be the ultimate decider, but the high court is not expected to take up the issue for several months.

(Additional reporting by Roberta Rampton in Washington)

Judges hit Trump lawyer with tough questions over revised travel ban

FILE PHOTO: A member of the Al Murisi family, Yemeni nationals who were denied entry into the U.S. last week because of the recent travel ban, shows the cancelled visa in their passport from their failed entry to reporters as they successfully arrive to be reunited with their family at Washington Dulles International Airport in Chantilly, Virginia, U.S. February 6, 2017. REUTERS/Jonathan Ernst/File Photo

By Lawrence Hurley

RICHMOND, Va. (Reuters) – Federal appeals court judges on Monday peppered a U.S. Justice Department lawyer with tough questions about President Donald Trump’s temporary ban on travelers from six Muslim-majority nations, with several voicing skepticism that protecting national security was the aim of the policy, not religious bias.

Six Democratic appointees on a court dominated by judges named by Democratic presidents showed concerns about reviving the Republican president’s March executive order that prohibited new visas to enter the United States for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen for three months.

But three Republican appointees on the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals seemed to lean toward the administration, asking whether the president should be second-guessed when it comes to protecting the country’s borders and whether the plaintiffs bringing the suit had been sufficiently harmed by the order during arguments before 13 judges.

Based on the judges’ questions, a ruling could hinge on whether the appeals court agrees with a lower court judge that past statements by Trump about the need to prevent Muslims from entering the United States should be taken into account. That would be bad news for a young administration seeking victory on one of its first policy changes.

“This is not a Muslim ban,” Acting Solicitor General Jeffrey Wall, arguing for the government, told the judges during the hearing that lasted two hours, twice as long as scheduled.

Judge Robert King, named by Democratic former President Bill Clinton, told Wall that Trump has never retracted previous comments about wanting to impose a ban on Muslims.

“He’s never repudiated what he said about the Muslim ban,” King said, referring to Trump’s campaign promise for a “total and complete shutdown of Muslims entering the United States.”

POLITICAL DEBATE

Wall told the judges past legal precedent holds that the court should not look behind the text of the Trump’s executive order, which does not mention any specific religion, to get at its motivations. He warned that despite the “heated and passionate political debate” about the ban, there was a need to be careful not to set legal precedent that would open the door to broader questioning of presidential decision making on security matters.

Judge Paul Niemeyer, appointed by Republican former President George H.W. Bush, told Omar Jadwat, the American Civil Liberties Union lawyer representing the plaintiffs who challenged the order, that they were asking the court to rule on a president’s national security judgments.

“You have the judiciary supervising and assessing how the executive is carrying out his office,” Niemeyer said, pressing Jadwat, who seemed to stumble at times after pointed questioning by the judges. “I just don’t know where this stops.”

The revised travel ban was challenged in Maryland by refugee organizations and individuals who said they were being discriminated against because they were Muslim and because they had family members adversely affected by the ban. They argue the order violated federal immigration law and a section of the U.S. Constitution’s First Amendment barring the government from favoring or disfavoring a particular religion.

The administration appealed a March 15 ruling by Maryland-based federal judge Theodore Chuang that put the ban on hold just a day before it was due to go into effect.

The arguments marked the latest legal test for Trump’s ban, which also was blocked by federal judge Derrick Watson in Hawaii in a separate legal challenge. An earlier version of the ban was also blocked by the courts.

Chuang, in Maryland, blocked the part of Trump’s order relating to travel by people from the six countries. Watson, in Hawaii, also blocked another part of the order that suspended the entry of refugees into the United States for four months.

‘HOW IS THIS NEUTRAL?’

To a packed audience in the ornate pre-Civil War era courthouse, Judge Pamela Harris said Trump’s action clearly had a disparate impact on Muslims, asking, “How is this neutral in its operation as to Muslims?” Judge Barbara Keenan, who like Harris was appointed by Democratic former President Barack Obama, said the order could affect some 200 million people.

Regardless of how the 13 judges rule, the matter is likely to be decided ultimately by the U.S. Supreme Court. The full 4th Circuit took up the appeal but two Republican-appointed judges did not participate. That left nine judges appointed by Democratic presidents, three Republican appointees and one judge originally appointed by a Democrat and later re-appointed by a Republican.

It was unclear when the court would rule.

Trump issued the March executive order after federal courts blocked an earlier version, issued on Jan. 27 a week after he took office, that also had included Iraq among the nations targeted. That order, which went into effect immediately, triggered chaos and protests at airports and in several cities before being put on hold due to legal challenges.

The second order was intended to overcome the legal problems posed by the original ban.

The administration’s appeal in the Hawaii case will be heard in Seattle on May 15 by a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals. The three judges assigned all are Democratic appointees.

Wall said the temporary ban was intended to give the government time to evaluate whether people from the six countries were being subjected to adequate vetting to ensure they did not pose a security threat to the United States.

But he said the administration had not been able to proceed on all the work it wanted to do because of the litigation, noting “we have put our pens down.”

(Reporting by Lawrence Hurley; Additional reporting by Mica Rosenberg in New York and Dan Levine in San Francisco; Editing by Will Dunham and Mary Milliken)