President Donald Trump’s effort to bar travelers from seven mostly Muslim nations is on a track to the U.S. Supreme Court, which may eventually decide how much authority the executive branch has on immigration and national security.
The ban affecting business travelers, students, immigrants and refugees may be re-imposed as early as Monday if an appeals court puts on hold a judge’s order blocking it while the legal fight continues.
“Overturning the ruling would cause such anguish and confusion at the borders,” said Jayashri Srikantiah, a Stanford Law School professor who specializes in immigration. She said it’s “extremely hard to bet” as to what the appeals court will do, “but one can imagine the confusion caused by reversing the TRO is something the court is taking into consideration.”
The Trump administration is asking the liberal-leaning U.S. Court of Appeals in San Francisco to throw out the restraining order won by Washington state and Minnesota, which contend the travel ban hurts their residents and employers including Microsoft Corp., Amazon.com Inc. and the Mayo Clinic. Hawaii Attorney General Doug Chin filed a motion on Sunday to join Minnesota and Washington in the lawsuit opposing Trump’s 90-day travel ban.
QuickTake Q&A: The Legal Battle Over Trump’s Refugee Ban
Minnesota and Washington met a deadline early Monday morning to file their argument against that request, while the U.S. Justice Department has until 3 p.m. Monday to make its final argument. A decision could come anytime after that and the losing side may make a quick run to the Supreme Court.
“Those who were abroad were blocked from returning home,” the two states said in the filing. “Husbands were separated from wives, brothers from sisters and parents from their children.”
Trump attacked news media polls on the issue Monday. “Any negative polls are fake news, just like the CNN, ABC, NBC polls in the election. Sorry, people want border security and extreme vetting,” he tweeted.
By Kartikay Mehrotra and Chris Dolmetsch for Bloomberg
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