A US federal appeals court early yesterday denied the US Department of Justice’s request for an immediate reinstatement of US President Donald Trump’s ban on accepting certain travelers and all refugees.
The Trump administration appealed a temporary order restraining the ban nationwide, saying late on Saturday night that the federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.
The higher court’s denial of an immediate stay means people from seven countries affected by Trump’s order would be allowed, for now, to enter the country while the legal battles continue.
Photo: AFP
The 9th US Circuit Court of Appeals in San Francisco asked challengers of the ban respond to the appeal, and for the department to file a counter-response by this afternoon.
Acting US Solicitor General Noel Francisco on Saturday night forcefully argued that the president alone has the power to decide who can enter or stay in the US — an assertion that appeared to invoke the wider battle to come over illegal immigration.
“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,” the brief says.
Earlier on Saturday, the government officially 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 US’ refugee program and halt immigration from seven Muslim-majority countries the government said raise terrorism concerns.
Trump mocked Robart, who was appointed by then-US president George W. Bush, calling him a “so-called judge” whose “ridiculous” ruling “will be overturned.”
“Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” he tweeted.
Trump’s direct attack on the judge might prompt some tough questions as these challenges rise through the courts.
However, the government’s brief repeatedly asserts that presidential authority cannot be questioned by judges once the nation’s security is invoked.
Congress “vests complete discretion in the president” to impose conditions on alien entry, so Trump is not legally required to justify such decisions, it says.
His executive order said the ban is necessary for “protecting against terrorism,” and that “is sufficient to end the matter.”
The Justice Department asked that the federal judge’s order be stayed pending resolution of the appeal, so that the ban can “ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”
The US Department of State, after initially saying that foreigners from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen had their visas canceled, reversed course on Saturday and said they could travel to the US if they had a valid visa.
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