President Trump is about to issue a new Executive Order on Immigration and rescind the one objected to by the 9th Circuit. The new order is to be tailored to address the objection of the court.
But even that may not be enough for the liberal 9th Circuit Court. Adversaries, and there are many, will continue to attempt to stop Trump no matter what he does.
Where Trump’s travel ban stands
FROM THE HILL: BY MELANIE ZANONA – 02/19/17
President Trump plans to issue a new executive order on immigration next week that will be “tailored” to address the objections of a federal appeals court.
But the legal battle over the controversial policy is far from over.
Any new travel ban is sure to spark a fresh set of lawsuits around the country, and it remains to be seen whether rescinding the old order will be enough to end the current legal challenges — and nationwide restraining order — against it
Legal experts say that depends on the courts and the exact wording of the new order, which is being crafted with the help of Justice Department lawyers and two of Trump’s Cabinet members.
“I’m told now they have something drafted,” Sen. John Thune (S.D.), the Senate’s No. 3 Republican, told reporters on Friday. “I’ve not seen what they’ve done, but I hope they’ve run all the traps on it.”
After a series of legal setbacks, Trump announced during a Thursday news conference that he would be signing a revised travel ban “toward the beginning or middle” of next week.
“We’re issuing a new executive action next week that will comprehensively protect our country,” Trump said. “So we’ll be going along the one path and hopefully winning that, at the same time we will be issuing a new and very comprehensive order to protect our people.”
A San Francisco-based appeals court rejected the administration’s request last week to lift a nationwide hold on the initial travel ban, after District Court Judge James Robart in Seattle put the policy on ice to allow time for lawsuits to proceed.
Trump brought in Attorney General Jeff Sessions and Homeland Security Secretary John Kelly on Tuesday to help map out a strategy going forward, according to Bloomberg.
A Republican aide for the Senate Judiciary Committee said the panel has not been in touch with the administration on the issue, while the House Judiciary Committee deferred to the White House.
The administration has been weighing several options, including whether to ask the Supreme Court to step in, urge the appeals court to rehear the case, fight it out in district court or rewrite the ban.
The Department of Justice (DOJ) on Thursday successfully persuaded the U.S. Court of Appeals for the 9th Circuit to hold off on rehearing the case, citing the new “superseding” executive order that is in the works.
“Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns,” the DOJ said in a legal brief.
“In so doing, the President will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”
The initial executive order barred people from seven majority Muslim countries from entering the United States for 90 days; halted U.S. refugee resettlement for 120 days; and suspended Syria refugees indefinitely. Trump says the policy is necessary to protect national security while the administration strengthens vetting procedures.
But the initial ban, which was reportedly written without the input of key congressional lawmakers and caught GOP leadership off guard, sparked chaos and confusion at airports around the country in the days after it was signed.
It was unclear at first whether the policy applied to legal permanent residents and other certain visa holders. Some travelers who were en route to the U.S. were detained and denied entry into the country, including an Iraqi interpreter who worked for the U.S. Army.