A demonstrator holds a sign to protest against US President Donald Trump’s executive order banning refugees and immigrants from seven primarily Muslim countries from entering the United States during a rally in Philadelphia, Pennsylvania, on Saturday. — Reuters

A United States federal appeals court yesterday 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 appealed a temporary order restraining the ban nationwide, saying on Saturday night that the federal judge in Seattle had overreached by “second-guessing” the president on a matter of national security.

Now the higher court’s denial of an immediate stay means the legal battles over the ban will continue for days at least. The 9th US Circuit Court of Appeals in San Francisco asked challengers of the ban to respond to the appeal, and for the Justice Department to file a counter-response by this afternoon.

Acting Solicitor General Noel Francisco forcefully argued on Saturday that the president alone had the power to decide who could enter or stay in the US — 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 lawyer said.

Earlier on Saturday, the government officially suspended the ban’s enforcement in compliance with order of the order of US 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 raised terrorism concerns.

‘Ridiculous ruling’

Trump, meanwhile, mocked Robart, who was appointed by President George W. Bush, calling Robart 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,” Trump tweeted.

His 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 legal case is 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, the government’s brief states. 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 could “ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”

Unending confusion

The order had caused unending confusion for many foreigners trying to reach the US, prompted protests across America 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 a Red Cross fund-raising gala.

“We’ll win,” Trump told reporters on Saturday. “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 US 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 department official said the government was “focusing on booking refugee travel” through February 17 and working to have arrivals resume as soon as today.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump’s order from boarding US-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 US refugee program harmed residents and effectively mandated discrimination.

Robart said it was not the court’s job to “create policy or judge the wisdom of any particular policy” but rather, to make sure that an action taken by the government “comports with our country’s laws.”