For the moment, the safety and security of Americans rests not in the hands of the commander in chief, but in a federal courtroom.
A request for an immediate reinstatement of President Donald Trump’s executive order temporarily halting travel from a select number of Muslim-majority countries until the vetting process can be improved was denied early Sunday by a federal appeals court, The New York Post reported.
BREAKING: Appeals court denies Justice Department's request to immediately reinstate travel ban https://t.co/NNCC31gKAf
— New York Post (@nypost) February 5, 2017
But the fight to make America safe again is far from over.
More from The Post:
The 9th U.S. Circuit Court of Appeals in San Francisco instead asked challengers of the ban respond to the appeal filed by the Trump administration late Saturday night, and for the Justice Department to file a counter-response by Monday afternoon.
The Trump administration declared that a federal judge in Seattle overstepped his authority by temporarily blocking the ban nationwide. Now the higher court’s denial of an immediate stay means the legal battles will continue for days at least.
Trump responded on social media to the initial restraining order against his order, saying it “essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
The administration was represent by acting Solicitor General Noel Francisco in the reinstatement effort, who “forcefully argued” that who can enter or stay in the U.S. is the president’s decision alone.
“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,” his brief states.
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