PTI
Washington
Setting the stage for a showdown with the judiciary, the Trump administration today appealed a ruling that temporarily halted the travel ban on citizens of seven Muslim-majority countries, citing the president's “sovereign prerogative” to admit or exclude aliens.
Lawyers for the Department of Justice told the US Court of Appeals for the 9th Circuit that the states of Washington and Minnesota should not have been allowed to challenge the ban, and that a judge was wrong to stop President Donald Trumps executive order, issued just more than a week ago.
“Judicial second-guessing of the President's determination that a temporary suspension of entry of certain classes of aliens was necessary at this time to protect national security would constitute an impermissible intrusion on the political branches plenary constitutional authority over foreign affairs, national security, and immigration,” Acting Solicitor General Noel Francisco said in a brief.
The administration is fighting Seattle federal judge James Robart's decision on Friday night that imposed a temporary, nationwide halt to Trump's order barring refugees and those from seven majority-Muslim nations from entering the country.
Soon after the court's decision, President Donald Trump attacked Robart, a George W Bush appointee, on Twitter, calling him a “so-called judge” and saying his opinion was “ridiculous and will be overturned”.
Trump's executive order banned travel to the US from seven Muslim-majority countries for 90 days, suspended all refugee entry to the US for 120 days and indefinitely suspended entry for Syrian refugees.
After Friday's court ruling, the Department of Homeland Security announced it had suspended all actions to implement the immigration order and would resume standard inspections of travellers as it did prior to the signing of the travel ban.
But it urged the Justice Department to challenge the ruling “at the earliest possible time”.
Trump exuded confidence that his administration would prevail in the government's appeal of the ruling.
“We'll win,” Trump told White House pool.
“For the safety of the country, we'll win,” said the US President.
“The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!” Trump said expressing his clear displeasure over the ruling.
“What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into US ?” he asked in another tweet.
“Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision,” he tweeted to his 23.7 million followers.
Experts said the US had been brought to the brink of a full-blown constitutional crisis.
“This is an epic confrontation between the presidency and the constitution,” said Marci Hamilton, a constitutional lawyer and scholar of religion at the University of Pennsylvania. (more)
