A U.S. appeal court late on Saturday denied a request from the Department of Justice to immediately restore an immigration order from President Donald Trump barring citizens from seven mainly Muslim countries and temporarily banning refugees.
The court ruling dealt a further setback to Trump, who has denounced the judge in the state of Washington who blocked his executive order on Friday. In tweets and comments to reporters, the president has insisted he will get the ban reinstated.
Trump says the 90-day travel ban on citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, and a 120-day bar on all refugees, are necessary to protect the United States from Islamist militants. Critics say the measures are unjustified and discriminatory.
The judgeโs order and the appeal ruling have created what may be a short-lived opportunity for travellers from the seven affected countries to get into the United States while the legal uncertainty continues.
โThis is the first time I try to travel to America. We were booked to travel next week but decided to bring it forward after we heard,โ said a Yemeni woman, recently married to a U.S. citizen, who boarded a plane from Cairo to Turkey on Sunday to connect with a U.S.-bound flight. She declined to be named for fear it could complicate her entry to the United States.
In a brief order, the U.S. appeals court said the governmentโs request for an immediate administrative stay on the Washington judgeโs decision had been denied. It was awaiting further submissions from Washington and Minnesota states on Sunday, and from the government on Monday.
Reacting to the courtโs statement, Iraqi government spokesman Saad al-Hadithi said: โIt is a move in the right direction to solve the problems that it caused.โ
โWHAT IS OUR COUNTRY COMING TO?โ
Trumpโs Jan. 27 travel restrictions have drawn protests in the United States, provoked criticism from U.S. allies and created chaos for thousands of people who have, in some cases, spent years seeking asylum.
In his ruling in Washington state on Friday, Judge James Robart questioned the use of the Sept. 11, 2001 attacks on the United States as a justification for the ban, saying no attacks had been carried out on U.S. soil by individuals from the seven affected countries since then.
For Trumpโs order to be constitutional, Robart said, it had to be โbased in fact, as opposed to fictionโ.
The 9/11 attacks were carried out by hijackers from Saudi Arabia, the United Arab Emirates, Egypt and Lebanon, whose nationals were not affected by the order.
In a series of tweets on Saturday, Trump attacked โthe opinion of this so-called judgeโ as ridiculous.
โWhat is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?โ he asked.
Trump told reporters at his private Mar-a-Lago resort in Florida: โWeโll win. For the safety of the country weโll win.โ
But the Washington court ruling was the first move in what could be months of legal challenges to his push to clamp down on immigration.
The Justice Department appeal criticized Robartโs legal reasoning, saying it violated the separation of powers and stepped on the presidentโs authority as commander-in-chief.
The appeal said the state of Washington lacked standing to challenge the order and denied that the order โfavors Christians at the expense of Muslims.โ
INFLUX EXPECTED
The U.S. State Department and Department of Homeland Security said they were complying with Robartโs order and many visitors are expected to start arriving on Sunday, while the government said it expects to begin admitting refugees again on Monday.
Iraqi Fuad Sharef, his wife and three children spent two years obtaining U.S. visas. They had packed up to move to America last week, but were turned back to Iraq after a failed attempt to board a U.S.-bound flight from Cairo.
On Sunday, the family checked in for a Turkish Airlines flight to New York from Istanbul.
โYeah, we are very excited. We are very happy,โ Sharef told Reuters TV. โFinally, we have been cleared. We are allowed to enter the United States.โ
Rana Shamasha, 32, an Iraqi refugee in Lebanon, was due to travel to the United States with her two sisters and mother on Feb. 1 to join relatives in Detroit until their trip was cancelled as a result of the travel ban.
She is now waiting to hear from U.N. officials overseeing their case. โIf they tell me there is a plane tomorrow morning, I will go. If they tell me there is one in an hour, I will go,โ she told Reuters by telephone in Beirut, saying their bags were still packed. โI no longer have a house here, work, or anything,โ she said.
An official at Beirut airport said three Syrian families had left for the United States via Europe on Sunday morning.
Airline sources in Cairo said that 33 people from the seven affected countries had been allowed to board U.S.-bound flights since Saturday.