Federal Court Will Not Reinstate Trump's Immigration Order

In an early morning tweetstorm, Trump appeared to be reacting to a hearing Tuesday evening before the San Francisco-based 9th Circuit Court of Appeals, where a panel of judges heard oral arguments over the case.

The executive order directed federal agencies to issue a 90-day suspension of entry into the United States for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

During the hearing, judges expressed skepticism of the Justice Department's claim the executive order was justified and that courts should not be challenging the president's assessment of national security risks.

His executive order to ban almost all travellers from seven Muslim-majority countries, which prompted widespread protests, was temporarily halted after eight days by federal judge James Robart in Seattle.

The representative of Washington and Minnesota states was also grilled by judges over the two states' defiance of Trump's travel ban.

The US Justice Department said it is reviewing the appeals court decision and was "considering its options". But President Trump seemed to indicate a continuing legal fight.

Trump has harshly criticized the legal maneuvers, tweeting Saturday about the "so-called judge" who ruled against the order.

Lawyer August Flentje said Congress had authorised the president to control who can enter the country.

Omar Jadwat, director of the ACLU's Immigrants' Rights Project: "The appeals court's refusal to reinstate the Muslim ban is correct". He has now threatened to take the case to the Supreme Court.

There has been a large increase of people who have come into the USA from "certain areas", President Donald Trump said in a tweet Wednesday afternoon.

The lawyers said the travel ban was a "lawful exercise" of the president's authority and said courts should not be "second-guessing a formal national security judgment made by the president".

Hillary Clinton in Washington for Trump's inauguration.

A three-judge panel assembled to handle the issue - including judges William C. Canby Jr., Michelle T. Friedland, and Richard R. Clifton - heard arguments from both sides on Tuesday.

It sparked protests and chaos at United States and overseas airports in the weekend that followed.

  • Ernesto Newman