Update: Donald Trump “We will win the appeal of Judge Robart’s stay order.”
FLASH: A federal appeals court denied early Sunday the Justice Department’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 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 will be allowed, for now, to enter the country while the legal battles continue.
The 9th US Circuit Court of Appeals in San Francisco asked challengers of the ban respond to the appeal, and for the Justice Department to file a counter-response by Monday afternoon.
Saturday, the US Justice Department filed notice of appeal in the 9th Circuit of a federal judge’s nationwide ban on President Donald Trump’s immigration order prohibiting travelers from 7 majority-Muslim countries from entering the United States.
The notice is not the actual appeal, so, once that is filed, an emergency panel of appellate judges will decide whether to overturn Friday’s ruling.
If a stay is granted, President Trump’s original order would take effect.
Saturday night President Trump said “we’ll win” the appeal. “For the safety of the country, we will win,” the President said.
Friday, US District Court Judge James Robart, 69 anni, in Seattle issued a national temporary restraining order.
Washington State and Minnesota challenged President Trump’s order, signed into law on 27 January.
Judge Robart, a George W. Bush (43) appointee who has been on the bench since Y 2004, ruled that the states had legal standing to sue the Trump Administration on the immigration ban.
President Trump’s order barred travelers from seven majority-Muslim countries from entering the United States.
The affected nations were Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The directive barred virtually all refugees seeking asylum in the United States.
In its case, Washington State claimed that the state had suffered harm from the immigration ban, and 2 large corporations based in the state contended that the travel restrictions harmed their businesses.
Technology companies, which rely on talent from around the world, have been increasingly opposed the Trump Administration’s anti-immigrant policies.
Judge Robart’s ruling was nationwide, Vs previous judicial decisions that only concerned specific travelers. He decided that “there’s no support” for the Trump Administration’s argument that “we have to protect the US from individuals” from the 7 listed Muslim countries.
Judge Robart also barred the Trump Administration from enforcing its limits on accepting refugees.
Saturday, the State Department said that refugees, including Syrians, could begin arriving as early as Monday. Syrians were banned indefinitely under Presidetn Trump’s order.
The executive action barred travelers from the 7 countries for 60 days and halted the refugee resettlement program for 120 days.
In addition, the directive suspended the resettlement of refugees within the United States indefinitely.
The White House Friday vowed an immediate appeal of Judge Robart’s decision.
Saturday, President Trump hammered Judge Robart’s decision dubbing him a “so-called judge” in a Tweet, and labeled the ruling “ridiculous.”
Vice President Mike Pence later Saturday dismissed accusations that President Trump question Judge Robart’s legitimacy with his attacks.
“I think the American people are very accustomed to this president speaking his mind and speaking very straight with them,” he said in a TV interview to be broadcast Sunday.
Have a terrific weekend.