NEWS

Donald Trump Travel Ban Halted By Judge As White House Set To Launch Appeal Over 'Outrageous' Decision

White House to file emergency stay to 'defend the executive order of the President'.

04/02/2017 11:08 | Updated 04 February 2017

The White House has labelled a judge’s decision to block Donald Trump’s travel ban “outrageous” and is set to launch an immediate appeal. 

The US President’s ban on travellers and immigrants from seven predominantly Muslim countries was blocked by a federal judge on Friday after a challenge by Washington state, later backed by Minnesota. The ban, issued last week under the guise of making America safer, caused waves of protests around the world and caused chaos at US airports as travelers were detained. 

White House spokesman Sean Spicer released a statement late Friday saying the government “will file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate.” Soon after, a revised statement was sent out that removed the word “outrageous”.

“The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people,” the statement said.

Trump has also hit out about the decision and the judge responsible for it,US District Judge James Robart, in a series of tweets. 

Robart, in Seattle, issued a temporary restraining order, ruling Washington and Minnesota had standing and said they showed their case was likely to succeed.

“The state has met its burden in demonstrating immediate and irreparable injury,” Robart said.

The Associated Press reported that it wasn’t immediately clear what happens next for people who had waited years to receive visas to come to America, however an internal email circulated among Homeland Security officials told employees to comply with the ruling immediately. About 60,000 people from the affected countries had their visas cancelled by the State Department.

 Washington became the first state to sue over the order that temporarily banned travel for people from Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen and suspends the US refugee program globally.

State Attorney General Bob Ferguson said the travel ban significantly harms residents and effectively mandates discrimination. Minnesota joined the lawsuit two days later.

After the ruling, Ferguson said people from the affected countries can now apply for entry to the US.

Carlos Barria / Reuters
A judge has blocked Donald Trump's travel ban in a decision the White House has called 'outrageous' 

“Judge Robart’s decision, effective immediately ... puts a halt to President Trump’s unconstitutional and unlawful executive order,” he said.

“The law is a powerful thing - it has the ability to hold everybody accountable to it, and that includes the president of the United States.”

Washington state solicitor general Noah Purcell called the victory “a wonderful day for the rule of law in this country”.

The judge’s ruling could be appealed on the 9th at the US. Circuit Court of Appeals.

The judge’s written order, released late Friday, 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” of government.

Ted S. Warren/AP
After the ruling Washington Attorney General Bob Ferguson, pictured, said the decision 'effective immediately ... puts a halt to President Trump’s unconstitutional and unlawful executive order'

The court’s role “is limited to ensuring that the actions taken by the other two branches comport with our country’s laws”.

Robart said federal defendants “and their respective officers, agents, servants, employees, attorneys and persons acting in concert or participation with them are hereby enjoined and restrained from” enforcing the executive order.

A State Department official, speaking on condition of anonymity because the matter is under litigation, told the Associated Press: “We are working closely with the Department of Homeland Security and our legal teams to determine how this affects our operations. We will announce any changes affecting travelers to the United States as soon as that information is available.”

Federal attorneys had argued that Congress gave the president authority to make decisions on national security and immigrant entry.

The two states won a temporary restraining order while the court considers the lawsuit, which aims to permanently block Trump’s order. Court challenges have been filed nationwide from states and advocacy groups.

In court, Washington Solicitor General Purcell said the focus of the state’s legal challenge was the way the president’s order targeted Islam.

Trump has called for a ban on Muslims entering the country, and the travel ban was an effort to make good on that campaign promise, Purcell told the judge.

“Do you see a distinction between campaign statements and the executive order,” Robart asked. “I think it’s a bit of a reach to say the president is anti-Muslim based on what he said in New Hampshire in June.”

Purcell said there was an “overwhelming amount of evidence” to show that the order was directed at the Muslim religion, which is unconstitutional.

When the judge questioned the federal government’s lawyer, Michelle Bennett, he repeatedly questioned the rationale behind the order.

Robart, who was appointed to the federal bench by President George W. Bush, asked if there had been any terrorist attacks by people from the seven counties listed in Trump’s order since 9/11. Bennett said she didn’t know.

“The answer is none,” Robart said. “You’re here arguing we have to protect from these individuals from these countries, and there’s no support for that.”

Bennett argued that the states can’t sue on behalf of citizens and the states have failed to show the order is causing irreparable harm.

Robart disagreed, and rejected a request from Bennett for an immediate stay of his order.

The State Department said Friday that Trump’s order cancelled visas for up to 60,000 foreigners from the seven majority-Muslim countries. That figure contradicts a statement from a Justice Department lawyer on the same day during a court hearing in Virginia about the ban. The lawyer in that case said about 100,000 visas had been revoked.

The State Department clarified that the higher figure includes diplomatic and other visas that were actually exempted from the travel ban, as well as expired visas.

Ferguson, a Democrat, said the order is harming residents, businesses and the state’s education system.

Washington-based businesses Amazon, Expedia and Microsoft support the state’s efforts. They say it’s hurting their operations, too.

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