Appeals Court to Decide on Challenge to Trump's Immigration Executive Order

This afternoon, three federal judges from the 9th Circuit Court of Appeals will hear oral arguments in the emergency legal challenge to President Trump’s executive order that bars immigration and travel for people from seven Muslim-majority countries and refugees.

The hearing, which will be conducted over the phone at 3 p.m. PST, will allow each side to give 30-minute arguments. The plaintiffs in this appeal, Washington and Minnesota, will state their case, as will the Department of Justice. The public can listen to the hearings live on the Ninth Circuit website.

The judges are expected to make a ruling on the future of Trump’s executive order after they have heard oral arguments. While their decision won’t determine the constitutionality of Trump’s immigration ban, it will determine whether or not the suspension of the executive order, ruled by U.S. District Court Judge James Robart, will remain.

The two states have argued that Trump’s executive order was likely to cause "irreparable harm" to businesses, schools, family relations, and state residents' freedom to travel, and is unconstitutional because it discriminates based on religion. The Justice Department said the travel restrictions are a matter of national security and the administration was excluding people from countries with ties to terrorism, and not people of certain religion.

Today, Trump suggested that the legal battle between the two states and the Justice Department could make it all the way to the Supreme Court.

"We’re going to take it through the system," said Trump. "It's very important for the country, regardless of me or whoever succeeds at a later date."

On Capitol Hill today, the secretary for the Department of Homeland Security, John Kelly, defended Trump’s immigration executive order, calling it "lawful and constitutional."

Only a week old, the president’s order has sparked protests and outcry across the country. The legal has been grappling with the order and some travelers have been delayed, while others wondered if they would be allowed previously approved entry into the United States.

The order, called "Protecting the Nation from Foreign Terrorist Entry into the United States," bars all people with immigrant and non-immigrant visas from the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen from coming to the U.S. for 90 days. It also prevents the entry of refugees from anywhere in the world for 120 days, with an indefinite ban on refugees from the war-torn country of Syria.

The Monday after Trump signed his executive order, Washington state filed a legal challenge that was joined by the state of Minnesota.

Judge Robart, an appointee of former President George W. Bush, issued a temporary restraining order, which covers the entire U.S., blocking the travel ban on Friday. Trump immediately took issue with the move, tweeting on Saturday that the "so-called judge" issued an opinion that "is ridiculous and will be overturned!"

On Saturday, the Department of Justice, challenging Robart’s ruling, turned to the powerful Ninth Circuit Court of Appeals in San Francisco to try to immediately lift the restraining order while the appeal was being considered. The Appeals court denied the Justice Department’s request.

The outcome of today’s hearing with the Ninth Circuit court could determine -- at least temporarily -- the fate of thousands of refugees, immigrants and travelers in the United States and abroad, hoping to enter the U.S.

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