Justice Department attorneys made the case Tuesday for President Donald Trump’s contested travel ban to be reinstated, in a high-stakes hearing before a federal court of appeal in California.
The latest twist in the legal showdown comes four days after a federal judge suspended Trump’s decree, opening US borders back up to refugees and travelers from the seven mostly-Muslim nations it targeted.
Three judges from the appellate court in San Francisco began hearing an hour of oral arguments at 2300 GMT to determine whether to lift the injunction, or uphold it.
The hearing does not touch on the constitutionality of the decree itself, which is challenged in court by two US states with support from numerous advocacy groups.
A court spokesman said a ruling would likely come later this week.
Trump’s January 27 executive order barred entry to all refugees for 120 days, and to travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days, triggering chaos at US airports and worldwide condemnation.
The White House defends the decree as “essential” for national security, giving the new administration time to beef up vetting procedures to keep potential terrorists out of the country.
Its detractors claim that it violates the US Constitution by targeting people based on their religion.
Appearing to lay the groundwork for a setback, the White House earlier sought to play down the significance of the upcoming ruling.
“All that’s at issue tonight is the hearing is an interim decision on whether the president’s order is enforced or not until the case is heard on the actual merits of the order,” White House spokesman Sean Spicer told reporters.
“That’s why I think we feel confident.”
Hosting a group of American sheriffs at the White House on Tuesday, Trump hammered home the rationale for his decree as “common sense.”
Trump has lashed out at the federal judge who suspended his order, James Robart, as a “so-called” judge — a slur that drew criticism from his own Republican camp — and sought to pin blame on him, and courts in general, for potential future attacks on US soil.
“Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!” he tweeted on Sunday.
Source: AFP