POLITICS | Fri Apr 7, 2017 | 8:10pm EDT

State Department memo shows unconstitutionality of Trump travel ban: ACLU

By Yeganeh Torbati and Mica Rosenberg | WASHINGTON/NEW YORK

Internal State Department instructions to implement President Donald Trump's temporary travel ban on citizens of six Muslim-majority nations help demonstrate that the ban violates the constitution, the American Civil Liberties Union argued in court filings late on Thursday.

The ACLU made the argument as part of its lawsuit in federal court in the Northern District of California on behalf of three student visa holders against Trump's March 6 executive order barring travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for 90 days and refugees for four months. The lawsuit, which seeks class-action status, says the order discriminates against Muslims.

U.S. Secretary of State Rex Tillerson issued instructions to implement Trump's order in a series of four cables to consular officers worldwide last month, which were first revealed by Reuters.

The ACLU pointed to language from one of the cables that directs consular officers to assess whether applicants from the six countries "found otherwise eligible" for U.S. visas could still be denied visas based on Trump's order. The ACLU said the guidance "amounts to an unconstitutional amendment of existing law."

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