Donald Trump to issue new executive order to revise travel ban
The administration of President Donald Trump is planning to issue a new executive order to replace the travel ban that suspended travel from seven Muslim countries and temporarily barred most refugees.
On Jan. 30, Washington Attorney General Bob Ferguson sued the Trump administration over the executive order.
Given the plans for the new executive order, Trump administration officials said they would no longer pursue an appeal of the 9th Circuit's hold on the previous order. If the new order applied to a smaller group of people, such as those from the affected countries who have never come to the United States before, it might be harder to defeat in court. A three-judge panel on the Ninth Circuit had upheld Robart's order last week, but judges on the appeals court are voting on whether the case should be reheard before an 11-judge panel, known as an en banc review. Given the heavy liberal balance of the San Francisco-based appeals court, the same eventual outcome was likely.
The new order is going to be very much tailored to what I consider a very bad decision, but we can tailor it to get in some ways more, but tailoring it now to the decision.
"We're going to put in a new executive order next week some time", Trump said when asked about the travel ban and its implementation.
Jess Sundin organizer with teh Anti War Committee
Trump could make clear that his order no longer applies to green-card holders - who probably have the strongest case to sue in USA courts - or he could craft an order that applies only to people who have not yet applied for visas. The Ninth Circuit judges decided there was "no precedent to support this claimed unreviewability" and it ran "contrary to the fundamental structure of our constitutional democracy". Trump said, however, that Homeland Security Secretary John Kelly said no and that the order had to take effect immediately.
Instead, he has chosen to sidestep the legal fight with a new order.
The case had generated filings by interested parties ranging from civil liberties groups and legal scholars supporting the efforts of Washington and Minnesota to Texas Attorney General Ken Paxton, who argued in a brief filed Wednesday that the judges are usurping President Trump's authority and improperly granting rights to foreigners that should be limited to American citizens. Trump has justified the executive order as meant to prevent the entry of terrorists into the U.S. He has issued 12 executive orders in the first three weeks that he has held office. The American Bazaar had reported earlier on the chaos among worldwide travelers in the wake of Trump's order. "But we are tailoring it now to the decision", Trump said. The Ninth Circuit's order has no impact on any of those other cases, though most other courts will likely follow suit. He said his new order would be written to conform to legal rulings.
The judges panel says that, the immigration travel ban which was earlier introduced by Trump's administration is targeting the Muslim countries and Muslims only.
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