Donald Trump says he will unveil overhauled immigration order next weekIn a court filing
Justice Department asked for a
pause in proceedings before the 9th US Circuit Court of Appeals, which
sided with a federal court in Washington state to suspend the travel
ban, while litigation over its legality according to the US Constitution
played out.
The Justice Department asked the court to vacate that ruling once the
administration has rescinded its original order and issued a new one.
In an order later on Thursday, the 9th Circuit put proceedings over the
ban on hold but did not say whether it would eventually withdraw its
previous ruling.
The ban has been deeply divisive in the United States, with a
Reuters/Ipsos poll indicating about half of Americans supported it
shortly after the order took effect.
Trump’s decision to issue a new directive plunges court proceedings
over his earlier order into uncertainty.
Litigants around the country
said they will carefully examine any new policy to see if it raises
similar constitutional issues and will continue to pursue legal action
if necessary.
Washington state Attorney General Bob Ferguson, who filed the case
that produced the 9th Circuit ruling, claimed victory on Thursday.
“Today’s court filing by the federal government recognizes the
obvious - the president’s current executive order violates the
Constitution,” Ferguson said, in a statement. “President Trump could
have sought review of this flawed order in the Supreme Court but
declined to face yet another defeat.”
Trump has said travel limitations are necessary to protect the United
States from attacks by Islamist militants. His original order 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.
Trump said on Thursday that the widely criticized rollout had been
"very smooth" and once again blamed the court for "a bad decision.
"
The Justice Department court filing on
Thursday said Trump`s order would be "substantially revised" but
provided no more details than the president did at his press conference.
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, who have legal permission to live and work
in the United States.
Stephen Griffin, a professor of constitutional law at Tulane
University, said adding non-Muslim countries could also help a new order
withstand accusations that it discriminates based on religion. Given
that the administration already identified the seven Muslim-majority
countries as a threat, he said, it would be unlikely to remove any of
those.
"I`d speculate they would add to the list, as opposed to walk it back," he said
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