Court denies Trump’s travel ban bid
A United States federal appeals court has denied the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.
The Ninth US Circuit Court of Appeals in San Francisco on Sunday asked the ban’s challengers to respond to the appeal filed by the administration, and for the Justice Department to file a counter-response by Monday afternoon.
The Trump administration declared that a federal judge in Seattle overstepped his authority by temporarily blocking the ban nationwide. Now the higher court’s denial of an immediate stay means the legal battles will continue for days at least.
Acting solicitor general Noel Francisco argued that the president alone has the power to decide who can enter or stay in the US.
The administration’s legal brief said: “The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control.” It repeatedly asserts that presidential authority cannot be questioned by judges once the nation’s security is invoked.
On Saturday, the government suspended the ban’s enforcement in compliance with the order of US District Judge James Robart. It marks an extraordinary setback for Trump, who only a week ago acted to suspend the refugee program and halt immigration from seven Muslim-majority countries he said raise terrorism concerns.
Trump tweeted, mocking Robart, who was appointed by President George W. Bush, calling him a “so-called judge” whose “ridiculous” ruling “will be overturned”.
Trump’s measure caused confusion for many foreigners trying to reach the US, prompted protests across the US and in Europe, and led to multiple court challenges. Demonstrations took place outside the White House, in New York and near Trump’s estate in Palm Beach, Florida, where Trump was attending a fundraising gala.
The State Department has advised aid agencies that refugees set to travel before Trump signed his order will be allowed in for now.