The US Justice Department appealed a judge’s order temporarily blocking President Donald Trump’s refugee and immigration ban, saying it’s the “sovereign prerogative” of a President to admit or exclude aliens in order to protect national security.
The appeal filed late on Saturday night at the 9th US Circuit Court of Appeals in San Francisco, cites a “basic principle that an alien seeking initial admission to the US requests a privilege and has no constitutional rights regarding his application.”
The Justice Department asked that the federal judge’s order be stayed pending resolution of the appeal. It says the ban is necessary “to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”
Earlier Saturday, the government officially suspended enforcement of the ban in compliance with the judge’s order, which plunged the new administration into a crisis that has challenged both Trump’s authority and his ability to fulfil campaign promises.
That stand-down marked an extraordinary setback for the White House. Only a week ago, the President had acted to suspend America’s refugee programme and halt immigration to the US from seven Muslim-majority countries that the government said raise terrorism concerns.
“HARM ON US CITIZENS”
The appeal says the temporary restraining order by US District Judge James Robart in Seattle is a broad overreach of judicial authority.
“Judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large,” it says.
The order also imposes harm on US citizens “by thwarting the legal effect of the public’s chosen representative,” it says.
“SO-CALLED JUDGE”
On Twitter, Trump mocked Robart, appointed by President George W. Bush, as a “so-called judge” whose “ridiculous” ruling “will be overturned.”
He added in a subsequent tweet: “Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision.”
“We’ll win,” Trump told journalists on Saturday night. “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 cancelled, reversed course on Saturday and said they could travel to the US if they had a valid visa.
Source: AP
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