The U.S. will remain vulnerable to terrorists entering the U.S. because, on Sunday morning, a federal appeals court denied the Justice Department’s request for an immediate reinstatement of President Trump’s executive order to temporarily stop immigration from seven countries with ties to terrorism.
The DOJ filed an appeal of a judge’s order temporarily stopping Trump’s travel ban on Saturday night, saying it’s the “sovereign prerogative” of a president to admit or exclude aliens.
The 9th U.S. Circuit Court of Appeals in San Francisco instead asked for the Justice Department to file a counter-response by Monday afternoon.
The higher court’s denial of an immediate stay means the legal battles will continue for days, at least.
The appeal stated that the district court’s ruling “conflicts with the basic principle that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application.”
The appeal also said the temporary order blocking Trump’s ban was an overreach of judicial authority. The order was issued by U.S. District Judge James Robart in Seattle.
“Judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large,” it said.