The 9th U.S. Circuit Court of Appeals has announced that it will not block a lower-court ruling that temporarily froze Trump's controversial executive order.
A federal appeals court Thursday refused to reinstate President Donald Trump's ban on people traveling to the United States from seven Muslim-majority nations.
The 9th U.S. Circuit Court of Appeals announced it will not block a lower-court ruling that temporarily froze Trump's controversial executive order.
"We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore, deny its emergency motion for a stay," the court said in an official statement.
The order, titled "Protecting the Nation from Foreign Terrorist Entry into the United States," suspended the entry of emigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days. The order also prohibited the entry of refugees for 120 days.
The two U.S. states that filed the suit against Trump's executive order, Washington and Minnesota, argue that the order is unconstitutional and discriminates against Muslims. Trump's administration, however, claims the decree was a "lawful exercise" of his presidential authority.
Shortly after the decision was released, Trump took to Twitter to fire back.
Last week, U.S. District Judge James L. Robart issued a temporary restraining order blocking enforcement of Trump's executive order. The Seattle-based judge questioned the use of the Sept. 11, 2001 attacks as the basis for the ban, arguing that no one from the seven listed countries had carried out attacks on U.S. soil. He opposed the order, deeming it unconstitutional, saying it had to be "based in fact, as opposed to fiction."
Robart also ruled that the states have legal standing to sue, which could help Democratic Party politicians take Trump to court on diverse issues beyond immigration.
Robart's Feb. 3 nationwide block on Trump's order also elicited harsh words from the president: “The opinion of this so-called judge, which essentially takes law enforcement away from our country, is ridiculous and will be overturned!" Earlier that day, a federal judge in Boston refused to extend a temporary restraining order that allowed some immigrants into the United States from countries affected by Trump's executive order.
The "Muslim Ban" issued on Jan. 27 triggered uprisings at U.S. airports across the country. Hundreds of protesters packed into arrival areas to demonstrate against the decree and to show their solidarity with travelers abroad who were turned back from flights into the United States.
The Justice Department, which does not usually comment on ongoing litigation, said it was “considering its options," the Huffington Post reports.
Trump is expected to take the case to the U.S. Supreme Court.