Updated below with President Trump’s response and statement from Department of Homeland Security.
After losing the first round in a court battle with Washington state’s attorney general, the White House tonight said the U.S. Justice Department will seek an emergency stay against a federal judge’s temporary restraining order that blocked President Trump’s executive order on immigration.
U.S. District Judge James Robart issued the temporary restraining order Friday afternoon in a lawsuit filed by Washington state Attorney General Bob Ferguson, with support from tech companies Expedia, Amazon and Microsoft. The judge’s ruling immediately stops implementation of Trump’s order, including its ban on immigration by citizens from seven Muslim-majority nations for 90 days.
Robart also enjoined the government from “proceeding with any action that prioritizes the refugee claims of certain religious minorities” under the order.
White House Press Secretary Sean Spicer issued this statement Friday night.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the executive order of the President, which we believe is lawful and appropriate. The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people.
As the law states, “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
An earlier version of the statement reportedly described the judge’s order as “outrageous,” before a second version was sent to the media without that word.
Update, Monday morning: Trump criticized the order in a series of tweets over the weekend.
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!
— Donald J. Trump (@realDonaldTrump) February 4, 2017
What 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.?
— Donald J. Trump (@realDonaldTrump) February 4, 2017
Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision
— Donald J. Trump (@realDonaldTrump) February 4, 2017
Why aren't the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?
— Donald J. Trump (@realDonaldTrump) February 4, 2017
The judge opens up our country to potential terrorists and others that do not have our best interests at heart. Bad people are very happy!
— Donald J. Trump (@realDonaldTrump) February 5, 2017
Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!
— Donald J. Trump (@realDonaldTrump) February 5, 2017
I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!
— Donald J. Trump (@realDonaldTrump) February 5, 2017
On Saturday morning, the Department of Homeland Security released this statement.
“In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President’s Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.”
Judge Robart issued the full text of his ruling on Friday afternoon, after stating his decision in court at the conclusion of a hearing this afternoon.
“The Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations and freedom to travel,” he wrote. He added later, “The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government.”
Here’s the full text of Robart’s ruling.
Washington v. Trump by Todd Bishop on Scribd