In a major setback for the Trump administration, a federal appeals court on Thursday declined its urgent request to restore the controversial executive order restricting refugees and travel by immigrants from a number of Muslim-majority countries.
Trump on January 27 signed an executive order stopping all admissions of refugees into the USA and immigration from seven majority-Muslim countries, causing chaos at airports worldwide.
Trumps administration accused the court of not having complete information about threats to the country which the President have. Robart ruled on Friday (3 February) that Trump's temporary travel ban would be put on hold, prompting the Department of Homeland Security to suspend its enforcement of the executive order, The Washington Post reported.
In their brief, Justice Department lawyers write that the executive order is "a lawful exercise of the President's authority over the entry of aliens into the United States and the admission of refugees".
A few moments after the court released a 29-page ruling, Donald Trump tweeted,"SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"
"It's a political decision, we're going to see them in court, and I look forward to doing that", Mr Trump told reporters in the White House.
The 9th Circuit, viewed as one of the more liberal courts in the country, has various options to pursue.
If the Supreme Court did not take up the case or took it and was split in its ruling, the decision of the 9th Circuit Court would stand. Opponents also assailed it as discriminatory against Muslims in violation of the U.S. Constitution and applicable laws.
The travel ban has led to numerous protests across the United States and the world, with leading tech companies including Google, Apple, Microsoft, and Facebook speaking out against the executive order.
Judge Richard Clifton pushed for evidence that the ban discriminated against Muslims and said he was hearing more allegations than evidence.
Trump frequently promised during his 2016 election campaign to curb illegal immigration, especially from Mexico, and to crack down on suspected terrorists.
The final minutes of the hearing were spent on whether the travel ban amounted to a shut-out for Muslims, which would be unconstitutional.