After the January 9 three-judge panel ruling that denied the Justice Department's request to put a district court's order halting enforcement of the refugee and travel bans on hold, a judge of the appeals court asked for all of the 25 active judges of appeals court to take a vote on whether a larger, en banc panel of the court should reconsider the January 9 ruling.
President Trump says that his administration will be appealing the court decision that has halted his travel ban from being in effect, and that he will also be issuing a new, "very comprehensive order" next week.
The Trump administration is claiming that the ban is necessary for national security and has been supporting the executive order with the president showing disdain for the judge in Washington State who put a stop to it, tweeting on Saturday "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!" The policy prohibited immigrants and refugees from coming into the USA for 90 days from seven countries known for producing terrorists (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen).
In a surprise move, the Department of Justice is now saying that Donald Trump "intends in the near future to rescind" his executive order on immigration, and will "replace it with a new, substantially revised" order.
In a wide-ranging news conference at the White House, called to announce his new labor secretary, Trump also said he has not personally had dealings with Russian Federation and that, "to the best of my knowledge, no person that I deal with does".
Purcell said Trump had campaigned on the promise to ban Muslims from entering the US and one week into office issued the order that "radically changed immigration policy" and "unleashed chaos around the world".
Even people who believe that the executive order was constitutional criticized the government's rollout of it. Trump's first order temporarily barred refugees and citizens of seven Muslim-majority countries from entering the US, ostensibly so officials could review and tighten screening procedures. Saturday's ruling does not undercut the President's executive order.
Mr. Robart instead instructed both sides to prepare arguments on whether the temporary restraining order should be more permanent. In only hours, almost 1,000 people were affected by the travel ban.
While the Act extends to green card holders, legal experts say refugees outside of the U.S. may continue to be lawfully excluded before they enter because they lack a guaranteed right to come into the United States under current law.
The Justice Department requested the appeals court to intervene on Sunday proclaiming that it was not a lower court's place to second-guessing the president's judgment on a national security matter.
The Justice Department had requested that courtroom proceedings in Seattle be suspended while the Ninth Circuit Court of Appeals decides whether to hear the case. 45 and various other voices in support of the Executive Order maintain that it is not a Muslim ban, but a ban of people who have the potential to become radicalized from entering the country from countries where Muslim faith is the majority.
Trump added that his administration is running like "a fine-tuned machine". Interestingly, this was the one part of his executive order that was not struck down by the lawsuits filed in Washington state and Minnesota.
The president says at a news conference that he was "not happy" with how information about Flynn's phone call to a Russian diplomat was relayed to Vice-President Mike Pence.