Trump's halt of U.S. refugee program was lawful, appeals court rules
Source: Seattle Times
March 5, 2026 at 5:40 pm
President Donald Trump acted within his authority when he indefinitely suspended the U.S. refugee admissions program last year, the U.S. 9th Circuit Court of Appeals ruled Thursday. A three-judge panel largely reversed a series of preliminary injunctions issued by a federal judge in Seattle last year that blocked Trumps executive order suspending admissions and directed the federal government to release funds for refugee resettlement agencies.
In Thursdays opinion, U.S. Circuit Judge Jay Bybee wrote, We recognize the enormous practical implications of this decision. Trump signed the order halting admissions the same day he took office. At the time, more than 128,000 people were conditionally approved for refugee status.
There are over one hundred thousand vetted and conditionally approved refugees, many of whom may have spent years completing the USRAP process in a third country only to be turned away on the tarmac, wrote Bybee, a George W. Bush appointee, referring to the United States Refugee Admissions Program.
But, he continued, that is a result of Congress granting the president the power to suspend the entry of all aliens or any class of aliens under the Immigration and Nationality Act. Whether that consequence reflects prudent policy is not a question for this court, Bybee wrote.
Read more: https://www.seattletimes.com/seattle-news/trumps-halt-of-u-s-refugee-program-was-lawful-appeals-court-rules/
Link to ORDER (PDF) - https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1313.pdf
2 Shrub judges and a 45 judge so...
wolfie001
(7,513 posts)We used to have a decent (at most times, not always) country. Those days are gone. Bye bye.........
moniss
(8,978 posts)"Torture Memos" along with John Yoo. The later investigation of them by the Justice Department concluded they should be referred for discipline including possible disbarment. That referral was halted by David Margolis in the Justice Department who claimed it was just bad judgement on their part and wasn't done intentionally. F**k him.
David Margolis along with John Durham, we remember that name, were the top dogs at Justice for investigating the destruction of the CIA torture tapes. Basically made it all go away with nobody held accountable and in fact Gina Haspel who was said to have drafted the memo ordering the destruction was made head of the CIA by Crumb the 1st in his first term. Here's some history:
"On November 4, 2005, just after the Washington Post had printed a story about the existence of secret prisons run by the CIA in Eastern Europe, Rodriguez called two CIA lawyers for their opinions. Steven Hermes, a clandestine service lawyer, told Rodriguez he had the authority to destroy the tapes. Robert Eatinger, the top lawyer at the CIA Counterterrorism Center, said there was no legal requirement to keep the tapes.[1] The AP reported that, as both lawyers knew of standing orders from the White House not to destroy the tapes, neither thought Rodriguez would immediately act based on their advice.[1]
Rodriguez sent a cable to the CIA's Bangkok station ordering the destruction of the tapes on November 8, 2005.[1][9] The cable was not copied to anyone other than Rodriguez's chief of staff. It was against standard procedure to act on the advice of agency lawyers without copying them on a decision.[1] Rodriguez informed Goss and Rizzo on November 10, 2005.[1] Rodriguez was never reprimanded for the destruction of the tapes.[9] According to Rodriguez's memoir, Gina Haspel was responsible for "draft[ing] a cable" ordering the destruction.[10]"
Also:
"On December 8, 2007, the CIA Office of Inspector General and the Department of Justice announced a preliminary joint investigation into the destruction of videotapes of interrogations of the first two detainees in the CIA's custody.[17][18] Attorney General Michael Mukasey announced the appointment of Connecticut federal prosecutor John Durham to start a criminal investigation of the destruction of the tapes on January 2, 2008.[18][19] Hayden claimed that the continued existence of the tapes represented a threat to the CIA personnel involved, saying that if the tapes were leaked they might result in CIA personnel being identified and targeted for retaliation.[4][11][14][16] Hayden stated that the tapes were destroyed "only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries."[14] In February 2009, the Obama administration revealed that the CIA had destroyed ninety-two videotapes that contained hundreds of hours of the interrogations.[20]
On November 8, 2010, Durham closed the investigation without recommending any criminal charges be filed.[5]"
When Leon Panetta was reviewing the CIA torture mess the aforementioned Robert Eatinger was accused of this:
"On 11 March 2014, Senator Feinstein gave a speech on the floor of the Senate, addressing Eatinger by title, not by name. In the speech Feinstein said that the CIA had launched two investigations of SSCI staff involved in analysis of the Panetta review, while SSCI staff were producing a document addressing CIA torture activities in which Eatinger himself was involved. Feinstein said the two investigations, launched at the behest of Eatinger, amounted to an attempt at "intimidation". Feinstein stated that,[8]
There is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel's referral as a potential effort to intimidate this staffand I am not taking it lightly.
I should note that for most, if not all, of the CIA's Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA's Counterterrorism Centerthe unit within which the CIA managed and carried out this program.
From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit's chief lawyer. He is mentioned by name more than 1,600 times in our study."
https://en.wikipedia.org/wiki/2005_CIA_interrogation_videotapes_destruction#Investigation
https://en.wikipedia.org/wiki/Robert_Eatinger#2014_CIA-SSCI_dispute
BumRushDaShow
(168,527 posts)I know Yoo was a chief architect of that mess and he is STILL involved behind the scenes, at least in some of the goings-on during this 2nd administration too.