Trump to replace travel ban order in near future

1 Legal

1 Legal is a Division of 1 Media

1 Legal - 1 Lawyers - 1 Attorneys

 
Need Legal Clients  - Need a Lawyer
 
 

By Daniel Levine

SAN FRANCISCO – U.S. President Donald Trump will replace his
executive order suspending travel from seven Muslim-majority
countries “in the near future,” according to a Justice
Department court filing on Thursday.

Given the upcoming executive order, the Justice Department
said a federal appeals court should not reconsider a ruling that
suspended Trump’s Jan. 27 order.

“In so doing, the President will clear the way for
immediately protecting the country rather than pursuing further,
potentially time-consuming litigation,” the Justice Department
said in its filing.

Trump has said his directive, issued last month, was
necessary to protect the United States from attacks by Islamist
militants. It barred people from Iran, Iraq, Libya, Somalia,
Sudan, Syria and Yemen from entering the country for 90 days.
Refugees were banned for 120 days, except those from Syria, who
were banned indefinitely.

The abrupt implementation of the order, however, plunged the
immigration system into chaos, sparking a wave of criticism from
targeted countries, Western allies and some of America’s leading
corporations, especially technology firms, which lean heavily on
immigrant talent.

U.S. District Judge James Robart in Seattle suspended the
order nationwide after Washington state challenged its legality,
eliciting a barrage of angry Twitter messages from Trump against
the judge and the court system. A three judge 9th U.S. Circuit
Court of Appeals panel last week upheld Robart’s ruling.

In a news conference on Thursday, Trump said his rollout of
the travel ban was “very smooth” but the administration got a
bad court decision. He said his new order would be written to
conform to legal rulings.

“The new order is going to be very much tailored to what I
consider to be a very bad decision,” he said. “We can tailor the
order to that decision and get just about everything, in some
ways more.”

The Justice Department court filing said Trump’s order would
be “substantially revised” but did not provide details. Last
week an congressional aide who asked not to be identified told
Reuters that Trump might rewrite the original order to
explicitly exclude green card holders, or permanent residents.

An unidentified 9th Circuit judge last week requested that
the court’s 25 full-time judges vote on whether that should be
reconsidered by an 11-judge panel, known as en banc review.

While the Justice Department on Thursday did not seek en
banc review, it did take issue with the 9th Circuit’s ruling,
saying “it should not remain circuit precedent,” and asking that
it be vacated when the president issues a new order.

In a separate court filing, the states of Washington and
Minnesota said the 9th Circuit panel ruling “is firmly grounded
in precedent.” The appeals court should not reconsider the
ruling, they said.

A representative for Washington state’s attorney general did
not immediately respond to a request for comment on the Trump
administration’s planned new executive order.



1 Lawyers
1 Lawyers

1 Legal

#1 Lawyers Search Engine

1 Legal is part of the 1 Search Project

Practice Areas - News - Federal - State - Contact Us


1 Legal

1 Legal is a Division of 1 Media

1 Legal - 1 Lawyers - 1 Attorneys

 
Need Legal Clients  - Need a Lawyer