iStock/Thinkstock(WASHINGTON) — The 9th Circuit Court of Appeals has heard oral arguments Tuesday evening in the emergency legal challenge to President Trump’s executive order, which temporarily bars immigration and travel to the U.S. for people from seven Muslim-majority countries and for refugees.
The hearing was conducted by phone. The judges are expected to then rule on the future of the executive order, although the ruling was not expected tonight. While their decision won’t determine the constitutionality of Trump’s immigration ban, it will determine whether a restraining order against Trump’s action, put in place by U.S. District Court Judge James Robart, will remain.
The two states have argued that Trump’s order was likely to cause “irreparable harm” to businesses, schools, family relations and state residents’ freedom to travel and is unconstitutional because it discriminates on the basis of religion. The Justice Department said the travel restrictions are a matter of national security and the administration was excluding people from countries with ties to terrorism, not people of a certain religion.
On Tuesday, Trump suggested that the legal battle between the two states and the Justice Department could make it all the way to the Supreme Court.
“We’re going to take it through the system,” said Trump. “It’s very important for the country, regardless of me or whoever succeeds at a later date.”
On Capitol Hill Tuesday, Secretary of Homeland Security John Kelly defended the immigration executive order, calling it “lawful and constitutional.”
Only a week old, the order has sparked protests and outcry across the country. The legal community has been grappling with the order, some travelers have been delayed, and others are wondering if they will be allowed previously approved entry into the United States.
The order, called Protecting the Nation From Foreign Terrorist Entry Into the United States, bars all people with immigrant and nonimmigrant visas from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from coming to the U.S. for 90 days. It also prevents the entry of refugees from anywhere in the world for 120 days, with an indefinite ban on refugees from the war-torn country of Syria.
The Monday after Trump signed his order, Washington state filed a legal challenge that was joined by Minnesota.
Robart, an appointee of President George W. Bush, on Friday issued a temporary restraining order, which covers the entire U.S., blocking the travel ban. Trump immediately took issue with the move, tweeting on Saturday, “The opinion of this so-called judge … is ridiculous and will be overturned!”
On Saturday the Department of Justice, challenging Robart’s ruling, turned to the powerful 9th Circuit Court of Appeals in San Francisco to try to immediately lift the restraining order while the appeal was being considered. The appeals court denied the request.
The outcome of Tuesday’s hearing with the 9th Circuit could determine — at least temporarily — the fate of thousands of refugees, immigrants and travelers in the United States and abroad hoping to enter the U.S.
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