Trump to Sign “Brand New” Immigration Executive Order, While Waiting for Gorsuch’s Confirmation
Rather than appeal immediately to the US Supreme Court, the Trump administration is expected to draw up another executive order restricting immigration in the name of national security as early as next week.
The White House offered conflicting information on whether or not it will appeal a federal appeals court ruling sustaining a temporary restraining order on his executive order temporarily banning refugees and immigrants from seven countries.
A White House official said Friday that the Trump administration will not appeal the Ninth Circuit Court of Appeals’ Thursday ruling to overturn the block on the enforcement of the order to the U.S. Supreme Court. Instead, the official said, the Department of Justice will argue the merits of upholding the ban before a federal district court in Washington—the same court that issued the restraining order last week.
But another report gave a conflicting account, indicating that the Supreme Court appeal may still be possible.
Pending the confirmation of Trump’s Supreme Court nominee Neil Gorsuch, the high court is divided in a 4-4 split between conservative- and liberal-leaning justices, putting the likelihood of success at the Supreme Court in doubt. Taking the case back to the lower court to argue the legality of the ban provides more time for Gorsuch’s nomination, as well as an opportunity for the Trump Administration to pursue alternative avenues.
“We are actively considering changes or other executive orders that will keep our country safe from terrorism,” a White House official reportedly said. The official also left open the option of appealing to a federal district court, without involving the Supreme Court.
According to NBC News, the administration has been working on a new executive order since several days before the Thursday decision by the 9th US Circuit Court of Appeals, upholding a federal district judge’s restraining order on the travel ban.
President Donald Trump met Japanese Prime Minister Shinzo Abe at the white house Friday before they headed to Florida together for the weekend. Trump and Abe held a joint press conference before they had a working lunch together, according to the White House press office. In the afternoon, the president departed for West Palm Beach, Florida, where he’ll dine with his wife, Abe and Abe’s wife this evening. The Trumps will host the Abes at their Mar-A-Lago resort, which the Administration has taken to calling “the winter White House.”
Speaking to reporters aboard Air Force One Friday en route to Florida with Japanese Prime Minister Shinzo Abe, Trump said he is considering signing a “brand new order” on immigration, one that could skirt some of the legal potholes that have bedeviled the first.
“The unfortunate part is that it takes time statutorily, but we will win that battle. We also have a lot of other options, including just filing a brand new order,” he said.
He added he’d likely wait until Monday or Tuesday to announce his next steps.
Trump’s executive order banning US entry for refugees and others from seven predominantly Muslim countries for 90 days has been protested nationwide for weeks. It has also enjoyed support in some polls, though often only by a plurality.