Texas Leads 15-State Coalition Defending Trump's Proposed Travel Ban On Muslim Nations

AUSTIN, TX — Even while federal courts have twice said President Trump's ban on foreign travel originating from Muslim-predominant countries is unconstitutional, Texas is on board with it — filing on Monday an amicus brief, or friend of the court alert, supporting the measure.

Texas Attorney General Ken Paxton led a coalition of 15 states filing the brief with the Ninth U.S. Circuit Court of Appeals defending Trump's recent revised immigration order. The move provides for a temporary suspension of entry into the U.S. for refugees from six countries of national security concern ("...until our country's representatives can figure out what the hell is going on," Trump said in a campaign during which he referred to himself in the third person while reading a prepared statement) while the vetting process is being reviewed.

Trump has since repeated his support for such a ban despite mounting opposition. The travel ban is predicated on the notion that people traveling from those countries are intent on harming the U.S., an observation that continues to resonate powerfully with his political base despite statistics to the contrary as it relates to perceived terrorism threats from travelers.

Critics of the measure point to the Muslim-predominant population of the countries targeted in the restrictions in deeming it tantamount to a religious ban, leading to it being deemed unconstitutional by a federal judge. Other detractors note the already-robust vetting process in place for foreign travels in opposing the proposed ban. Still others note that the countries selected for banned travel are those in which Trump, a real estate magnate, owns no property. Detractors of his measure point to Saudi Arabia, for example, where Trump has financial interests, which isn't targeted for a ban despite the fact that 15 of the 19 terrorists responsible for 9/11 originated from that country.

In response, the Trump administration tweaked the measure, paring down the list of banned travel to six nations rather than the original seven. In the revised form filed toward gaining approval, Iraq was taken off the list of countries from which travel is banned. Citizens from Iran, Somalia, Sudan, Yemen, Syria and Libya remain on the proposed travel ban, which calls for a 90-day suspension of visa processing as the administration analyzes how to strengthen vetting procedures, according to a homeland security summary of the order.

The state's GOP-led government remains in support of the move, however. In the friend-of-the-court brief, Paxton, 13 other state attorneys general and the governor of Mississippi posit the measure as constitutional, citing federal statutory provisions they say provide the authority for what they categorize as Trump's lawful actions, as delegated to him by Congress. Last month, a three-judge panel of the Ninth Circuit affirmed a ruling that blocked the original order, Paxton noted.

“The president’s revised immigration order is constitutional, lawful, addresses the 9th Circuit’s concerns and is a vital step in securing our borders,” Paxton said. “A temporary pause in the national refugee program will give the government time to review and determine how we can improve the screening process for foreign nationals seeking to enter the U.S. from six countries designated as ‘countries of concern.’ President Trump’s revised immigration order is necessary to protect the homeland from those who wish us harm.”

Texas is joined in the amicus brief by Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, West Virginia and Mississippi Gov. Phil Bryant. Paxton led a 13-state coalition on a similar brief filed in the Fourth Circuit on March 27.

To view the amicus brief, click here.

An amicus curiae (literally meaning "friend of the court") is defined as someone who is not a party to a case and is not solicited by a party but assists a court by offering information that bears on the case. Paxton is a prolific filer of such briefs, on issues resonating with his party's political base, on a wide range of issues.

>>> Official photo of Ken Paxton via State of Texas