WASHINGTON (AP) – The Justice Department is asking a federal appeals court to set aside a judge’s order that temporarily blocked the Trump administration’s travel ban.

The federal government’s request for an emergency stay was filed Saturday night with the 9th U.S. Circuit Court of Appeals.

The filing asks the court to lift an order from a day earlier from a judge in Washington state.

The ruling from U.S. District Judge James Robart temporarily halted a Trump administration executive order that suspended America’s refugee program and halted immigration to the U.S. from seven Muslim-majority countries.

The administration on Saturday moved to suspend enforcement of the travel ban as the Justice Department readied its legal challenge.

President Donald Trump has lashed out at Robart on Twitter, calling him a “so-called judge.”

Never miss another Facebook post from WISH-TV </s> A federal appeals court early Sunday morning denied the US government’s emergency request to resume President Donald Trump’s travel ban.

The Ninth Circuit Court of Appeals has asked for both sides to file legal briefs before the court makes its final decision after a federal judge halted the program on Friday.

What this means is that the ruling by US District Court Judge James Robart, who suspended the ban, will remain in place — for now.

The US Justice Department filed an appeal just after midnight Sunday, asking to pause Robart’s sweeping decision that temporarily halted enforcement of several key provisions of Trump’s executive order.

The order bars citizens of seven Muslim-majority countries — Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen — from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria.

The Justice Department’s strongly worded court filing lodged a multi-pronged attack on Robart’s decision, emphasizing that halting enforcement of the travel ban “harms the public” and “second-guesses the President’s national security judgment” in the immigration context.

“(Robart’s ruling) contravenes the considered judgment of Congress that the President should have the unreviewable authority to suspend the admission of any class of aliens,” the Justice Department wrote in its filing.

“Courts are particularly ill-equipped to second-guess the President’s prospective judgment about future risks. Unlike the President, courts do not have access to classified information about the threat posed by terrorist organizations operating in particular nations, the efforts of those organizations to infiltrate the United States, or gaps in the vetting process,” the filing said.

Justice Department lawyers further argued that the parties who filed the lawsuit — the attorneys general of Washington state and Minnesota — lack the ability to sue in federal court because their alleged harms are too “speculative.”

Since the federal appeals court rejected a request to immediately reinstate the travel ban, lawyers for Washington state and Minnesota have until 2:59 a.m. Monday to file legal papers, and the Justice Department lawyers have until 6 p.m. Monday evening to reply. Then a three-judge panel will decide whether to schedule a hearing or issue a ruling.

Robart, a Bush appointee sitting in the Western District of Washington, ruled Friday that the states that filed the lawsuit “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the executive order.”

Robart explained that Trump’s executive order adversely affects “residents in areas of employment, education, business, family relations, and freedom to travel.”

When Trump was asked at a gala in Florida on Saturday whether he was confident his administration would prevail in the appeal, he replied, “We’ll win. For the safety of the country, we’ll win.”

On Saturday, the Department of Homeland Security announced it had suspended “any and all” actions to implement the immigration order and would resume standard inspections of travelers, as it did prior to the signing of the travel ban.

After the Ninth Circuit’s decision on Sunday, a US Embassy official in Baghdad said that holders of valid US visas, including Iraqi Special Immigrant Visas, would be allowed to travel to the United States.

“The US Government has determined that it is in the national interest to allow Iraqi Special Immigrant Visa (SIV) holders to continue to travel to the United States,” the embassy official said, adding that the embassy had been in contact with the SIV applicants. </s> WASHINGTON, DC – The Justice Department on Saturday moved to appeal a decision that temporarily halted enforcement of President Donald Trump’s travel ban.

The appeal concerns a late Friday decision by a US district court that halted the enforcement of Trump’s executive order. Trump’s policy 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.

A notice of appeal was sent Saturday night to the US district court, where Judge James Robart, a George W. Bush appointee, presides in Seattle.

The Justice Department is expected to file its brief laying out its legal argument later Saturday night to the Ninth Circuit Court of Appeals, which will hear the appeal.

Hours after Robart’s ruling, the Department of Homeland Security announced it had suspended all actions to implement the immigration order and would resume standard inspections of travelers 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.”

The three judges who will likely hear the appeal — assuming no one has to step aside over any conflicts — are: Judge William Canby, who was appointed by President Jimmy Carter; Richard Clifton, who was appointed by Bush; and Michelle Friedland, a President Barack Obama appointee.

Robart, ruling in a lawsuit brought by the attorneys general of Washington state and Minnesota who sought to stop the order, said the states “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the executive order. ”

He said the order adversely affects residents in areas of education, employment, education and freedom to travel. </s> Government attorneys appealed Thursday, March 30th to the 9th U.S. Circuit Court of Appeals. It comes the day after U.S. District Judge Derrick Watson issued a longer-lasting hold on key provisions of Trump’s executive order.

The government says in court documents that the appeal also applies to a temporary order that Watson previously issued that halted the suspension of new visas for people from six Muslim-majority countries and a freeze on the U.S. refugee program.

Hawaii Attorney General Douglas Chin says he expected the government to appeal.

Watson’s written order says he won’t suspend the ruling for an appeal. </s> WASHINGTON — A federal appeals court on Sunday denied the Justice Department's request for an immediate reinstatement of President Donald Trump's ban on accepting certain travelers and all refugees.

The Trump administration had appealed a temporary order restraining the ban nationwide, saying a federal judge in Seattle overreached by "second-guessing" the president on a matter of national security.

The appeals court's denial of an immediate stay means the legal fight over the ban will continue for days at least. The 9th U.S. Circuit Court of Appeals in San Francisco asked challengers of the ban to respond by early Monday, and for the Justice Department to file a counter-response by the evening.

Acting Solicitor General Noel Francisco, representing the administration, told the appeals court that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.

"The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control," according to government's filing.

The government has suspended the ban's enforcement in compliance with order of the order of U.S. District Judge James Robart. His ruling was an extraordinary setback for the new president, who only a week ago acted to suspend America's refugee program and halt immigration from seven Muslim-majority countries that the government said raise terrorism concerns.

Trump mocked Robart, who was appointed by President George W. Bush, calling him a "so-called judge" whose "ridiculous" ruling "will be overturned."

"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.

Trump's direct attack recalled his diatribes during the campaign against the federal judge of Mexican heritage who oversaw lawsuits alleging fraud by Trump University, and may prompt some tough questions as these challenges rise through the courts.

But the government's brief repeatedly asserted that presidential authority cannot be questioned by judges once the nation's security is invoked.

Congress "vests complete discretion in the President" to impose conditions on alien entry, so Trump isn't legally required to justify such decisions, it said. His executive order said the ban was necessary for "protecting against terrorism," and that "is sufficient to end the matter."

The Justice Department asked that Robart's order be put on hold pending resolution of the appeal, so that the ban can "ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism."

The order had caused unending confusion for many foreigners trying to reach the United States, prompted protests across the United States and led to multiple court challenges. Demonstrations took place outside the White House, in New York and near his estate in Palm Beach, Florida, where Trump attended an American Red Cross fundraising gala.

"We'll win," Trump told reporters Saturday night. "For the safety of the country, we'll win."

The State Department said on Friday that as many as 60,000 foreigners from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen had their visas canceled. After Robart's decision, the department reversed course and said they could travel to the U.S. if they had a valid visa.

The department also advised refugee aid agencies that refugees set to travel before Trump signed his order will now be allowed in. A State Department official said in an email obtained by The Associated Press that the government was "focusing on booking refugee travel" through Feb. 17 and working to have arrivals resume as soon as Monday.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump's order from boarding U.S.-bound planes. The agency said it had "suspended any and all actions" related to putting in place Trump's order.

Hearings have also been held in court challenges nationwide. Washington state and Minnesota argued that the temporary ban and the global suspension of the U.S. refugee program harmed residents and effectively mandated discrimination.

In his written order Friday, Robart said it's not the court's job to "create policy or judge the wisdom of any particular policy promoted by the other two branches," but rather, to make sure that an action taken by the government "comports with our country's laws."

Robart's order also imposes harm on U.S. citizens "by thwarting the legal effect of the public's chosen representative," it says.

Associated Press writers Michael Warren in Atlanta, Alicia A. Caldwell, Mark Sherman, Matthew Lee and Jessica Gresko in Washington, Martha Bellisle in Seattle, William Mathis and Julie Walker in New York, contributed to this report. </s> The Department of Justice has filed an appeal against a federal judge in Washington state’s ruling that temporarily halted President Donald Trump’s executive order on immigration.

The ruling, handed down Friday by Judge James Robart, came as a result of a lawsuit brought by the states of Washington and Minnesota to halt the order, which temporarily barred travelers and refugees from seven Muslim countries from entering the U.S.

According to the Associated Press, the request for an emergency stay, which would reinstate the order, was filed Saturday night in the 9th U.S. Circuit Court of Appeals. This move was largely expected after White House press secretary Sean Spicer issued a statement Friday night calling the ruling an “outrageous order” and saying the administration would file an appeal “at the earliest possible time.”

Trump also blasted the decision on Twitter Saturday morning, saying it spelled “big trouble” and challenging the authority of “this so-called judge.”

Trump also referenced a ruling by a Boston judge earlier Friday that would have allowed an injunction against the ban to expire Sunday, allowing authorities to reinstitute the travel restrictions. Robart’s decision overrode this ruling and was granted on a nationwide basis, per ABC News.

“Why aren't the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?” Trump wrote on Twitter.

However, the appeal is also likely to create confusion as the Department of Homeland Security and the State Department began giving airlines clearance to accept U.S. visa-holders from the affected countries onto flights on Saturday morning. According to the Associated Press, this has led to a crush of people attempting to enter the country while the order is no longer in effect.

The 9th U.S. Circuit Court of Appeals is headquartered in San Francisco, but also has facilities in Seattle.

This is a developing story and will be updated with more details. </s> SAN FRANCISCO (AP) – A federal appeals court in San Francisco has refused to reinstate President Donald Trump’s ban on travelers from seven predominantly Muslim nations.

The 9th U.S. Circuit Court of Appeals on Thursday wouldn’t block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the U.S. An appeal to the U.S. Supreme Court is possible.

U.S. District Judge James Robart in Seattle issued a temporary restraining order halting the ban last week after Washington state and Minnesota sued. The Justice Department appealed to the 9th Circuit.

Government lawyers argued that the ban was a “lawful exercise” of the president’s authority and that the seven countries have raised terrorism concerns.

The states said Trump’s executive order unconstitutionally blocked entry based on religion. </s> (CN) – The Ninth Circuit on Monday became the second federal appeals court to uphold a stay of President Donald Trump’s revised travel ban, even as he presses the Supreme Court to reinstate it.

Monday’s decision follows a May 25 ruling by the Fourth Circuit that concluded Trump intended to discriminate against Muslims from the six countries he targeted in his executive order.

The administration on June 1 asked the U.S. Supreme Court to let the ban take effect while the justices decide whether to review the Fourth Circuit ruling.

The three-judge Ninth Circuit panel ruled that Trump exceeded the scope of his authority in issuing the revised travel ban and largely upheld a ruling in Hawaii federal court that prevented the implementation of a ban on all travelers from six Muslim-majority countries.

“Immigration, even for the President, is not a one-person show,” the 86-page opinion states. “The President must make a sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States.’”

The ruling marks the second defeat for the Trump administration in the Ninth Circuit, with both decisions focusing on the presence of unconstitutional religious discrimination against Muslims embedded in each executive order. The first one was issued a week after Trump assumed office and a second, revised travel ban came in early March.

In the first case, the state of Washington sued the Trump administration, saying the ban was a thinly veiled attempt at harming Muslims. U.S. District Court Judge James Robart granted Washington a temporary restraining order, preventing implementation of the ban. The Ninth Circuit refused in February to reinstate the first travel ban.

Rather than appealing, the Trump administration revised the travel ban in a new executive order issued March 6.

This time around, Hawaii sued and U.S. District Court Judge Derrick Watson granted a temporary restraining order for similar reasons.

After Watson’s ruling, U.S. Attorney General Jeff Sessions criticized it by saying he was “amazed that a judge sitting on an island in the Pacific can issue an order that stops the President of the United States from what appears to be clearly his statutory and constitutional power.”

Monday’s Ninth Circuit ruling will most likely be appealed to the Supreme Court, which is already weighing whether to take up the Fourth Circuit appeal. </s> WASHINGTON (AP) — A federal appeals court denied early Sunday the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.

The Trump administration appealed a temporary order restraining the ban nationwide, saying late Saturday night that the federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.

The higher court’s denial of an immediate stay means people from seven countries affected by Trump’s order will be allowed, for now, to enter the country while the legal battles continue.

The 9th U.S. Circuit Court of Appeals in San Francisco asked challengers of the ban respond to the appeal, and for the Justice Department to file a counter-response by Monday afternoon.

Acting Solicitor General Noel Francisco forcefully argued Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.

“The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control,” the brief says.

Earlier Saturday, the government officially suspended the ban’s enforcement in compliance with order of the order of U.S. District Judge James Robart. It marks an extraordinary setback for the new president, who only a week ago acted to suspend America’s refugee program and halt immigration from seven Muslim-majority countries the government said raise terrorism concerns.

Trump, meanwhile, mocked Robart, who was appointed by President George W. Bush, calling him a “so-called judge” whose “ridiculous” ruling “will be overturned.”

“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.

Trump’s direct attack recalled his diatribes during the campaign against the federal judge of Mexican heritage who oversaw lawsuits alleging fraud by Trump University, and may prompt some tough questions as these challenges rise through the courts.

But the government’s brief repeatedly asserts that presidential authority cannot be questioned by judges once the nation’s security is invoked.

Congress “vests complete discretion in the President” to impose conditions on alien entry, so Trump isn’t legally required to justify such decisions, it says. His executive order said the ban is necessary for “protecting against terrorism,” and that “is sufficient to end the matter.”

The Justice Department asked that the federal judge’s order be stayed pending resolution of the appeal, so that the ban can “ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”

The order had caused unending confusion for many foreigners trying to reach the United States, prompted protests across the United States and led to multiple court challenges. Demonstrations took place outside the White House, in New York and near his estate in Palm Beach, Florida, where Trump was attending the annual American Red Cross fundraising gala.

“We’ll win,” Trump told reporters Saturday night. “For the safety of the country, we’ll win.”

The State Department, after initially saying that as many as 60,000 foreigners from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen had their visas canceled, reversed course on Saturday and said they could travel to the U.S. if they had a valid visa.

The department on Saturday advised refugee aid agencies that refugees set to travel before Trump signed his order will now be allowed in. A State Department official said in an email obtained by The Associated Press that the government was “focusing on booking refugee travel” through Feb. 17 and working to have arrivals resume as soon as Monday.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump’s order from boarding U.S.-bound planes. The agency said it had “suspended any and all actions” related to putting in place Trump’s order.

Hearings have also been held in court challenges nationwide. Washington state and Minnesota argued that the temporary ban and the global suspension of the U.S. refugee program harmed residents and effectively mandated discrimination.

In his written order Friday, Robart said it’s not the court’s job to “create policy or judge the wisdom of any particular policy promoted by the other two branches,” but rather, to make sure that an action taken by the government “comports with our country’s laws.”

The Justice Department countered that “judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large.”

Robart’s order also imposes harm on U.S. citizens “by thwarting the legal effect of the public’s chosen representative,” it says.

Associated Press writers Michael Warren in Atlanta, Alicia A. Caldwell, Mark Sherman, Matthew Lee and Jessica Gresko in Washington, Martha Bellisle in Seattle, William Mathis and Julie Walker in New York, contributed to this report.
The federal government notifies the Ninth Circuit Court of Appeals that it will appeal Judge Robart's ruling that has halted enforcement of the executive order. The filing contained no legal arguments.