This Sunday, a federal appeals court in San Francisco struck down President Trump’s plan to restore his controversial travel ban on immigrants and refugees from seven Muslim nations.
The day before, the Justice Department had filed a notice stating that it would “formally appeal a temporary nationwide restraining order issued by a federal judge in Seattle on Friday,” reports The Hill.
The Trump Administration slammed US District Judge James Robart for “second guessing” the president on an important matter of national security. “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” tweeted Trump on Saturday.
The travel ban has caused chaos in airports and sparked protests across the country, but is necessary for “protecting against terrorism,” reads the executive order.
Judge James Robart admits that it is not the court’s responsibly to “create policy or judge the wisdom of any particular policy promoted by the other two branches,” but to ensure that any action taken by the government “comports with our country’s laws.”
Acting Solicitor General Noel Francisco argues that only the president has the power to decide who can and can’t enter the United States. “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,” said Francisco, representing the administration.
“The appeals court’s denial of an immediate stay means the legal fight…will continue for days at least,” reports Newsmax.
The court has tasked the Justice Department with filing a counter-response as soon as possible and has asked challengers of the ban to respond by Monday morning. Enforcement of the travel ban has been suspended for the time being.
This is an unexpected setback for Trump, whose travel ban was part of his attempt to make good on his campaign promise to fight terrorism. “Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” tweeted Trump.
Vice President Pence agrees that Robart made the “wrong decision” and has promised to use “all legal means at our disposal” to reinstitute the ban.
The Justice Department has requested that the judge’s order be put on hold until the appeal is resolved – so that we can “ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”