WASHINGTON
: An American federal appeals court denied on Sunday the justice department’s request for an immediate reinstatement of President
Donald Trump’s ban on accepting certain travellers and all refugees.
The Trump administration had appealed a temporary order restraining the ban nationwide, saying a federal judge in Seattle overreached by “second-guessing” the president on a matter of national security.
The appeals court’s denial of an immediate stay means the legal fight over the ban will continue at least for some days. The
9th US Circuit Court of Appeals
in San Francisco asked challengers of the ban to respond by early Monday, and for the justice department to file a counter-response by the evening. Acting solicitor general Noel Francisco, representing the administration, told the court that the president alone has the power to decide who can enter 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,” according to government’s filing.
The government has suspended the ban’s enforcement in compliance with order of the order of US district judge James Robart. His ruling was an extraordinary setback for the new president, who only a week ago acted to suspend America’s refugee programme and halt immigration from seven Muslim-majority countries that the government said raise terrorism concerns. Trump mocked Robart, who was appointed by President George W Bush, calling him a “so-called judge” whose “ridiculous” ruling “will be overturned”.
The order had caused unending confusion for many US if they had a valid visa. The department also advised refugee aid agencies that refugees set to travel before Trump signed his order will now be allowed in.
Major airlines began boarding passengers bound for the US as homeland security no longer directed them to bar visa-holders affected by the ban. While a few said they were awaiting further developments, carriers including Air France, British Airways, Emirates, Etihad Airways, Lufthansa, Qatar Airways, Swiss Airways and United Airlines said they would allow nationals of the countries in question to board if they had a valid visa.
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