National

Justice Department files notice to appeal judge’s ruling blocking immigration ban

By Greg Hadley

ghadley@mcclatchy.com

February 04, 2017 10:09 PM

This still image taken from United States Courts shows Judge James Robart listening to a case at Seattle Courthouse on March 12, 2013 in Seattle. Robart placed a nationwide hold on President Donald Trump's executive order, banning travel to the United States by migrants from seven Muslim-majority countries, Friday, Feb. 3, 2017. AP

The Department of Justice has filed a notice to appeal a federal judge in Washington state’s ruling that temporarily halted President Donald Trump’s executive order on immigration.

The ruling, handed down Friday by Judge James Robart, came as a result of a lawsuit brought by the states of Washington and Minnesota to halt the order, which temporarily barred travelers and refugees from seven Muslim countries from entering the U.S.

Judge James L. Robart granted a temporary nationwide restraining order on the travel ban that blocks travelers from seven majority-Muslim countries from coming to America.

By McClatchy

According to the Associated Press, the request for an emergency stay, which would reinstate the order, was filed Saturday night in the 9th U.S. Circuit Court of Appeals. This move was largely expected after White House press secretary Sean Spicer issued a statement Friday night calling the ruling an “outrageous order” and saying the administration would file an appeal “at the earliest possible time.”

Trump also blasted the decision on Twitter Saturday morning, saying it spelled “big trouble” and challenging the authority of “this so-called judge.”

February 4, 2017
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Trump also referenced a ruling by a Boston judge earlier Friday that would have allowed an injunction against the ban to expire Sunday, allowing authorities to reinstitute the travel restrictions. Robart’s decision overrode this ruling and was granted on a nationwide basis, per ABC News.

“Why aren't the lawyers looking at and using the Federal Court decision in Boston, which is at conflict with ridiculous lift ban decision?” Trump wrote on Twitter.

However, the appeal is also likely to create confusion as the Department of Homeland Security and the State Department began giving airlines clearance to accept U.S. visa-holders from the affected countries onto flights on Saturday morning. According to the Associated Press, this has led to a crush of people attempting to enter the country while the order is no longer in effect.

The 9th U.S. Circuit Court of Appeals is headquartered in San Francisco, but also has facilities in Seattle.

UPDATE: This story has been corrected to note that the appeal has not actually been filed, but a notice to appeal has been filed.