President Trump is considering a new executive order to ban travelers from certain countries to enter the U.S. after his initial attempts to bar immigrants was overturned in the courts.
Mr. Trump told reporters from Air Force One that a “brand new order” could be issued as early as Monday or Tuesday.
An appeals court in San Francisco had earlier upheld the court ruling that suspended the original order, which barred entry from seven mainly Muslim countries.
At this point, it is still unclear what a new executive order might look like.
Mr. Trump added it would change “very little,” but he didn’t provide any details on the new ban under consideration.
President Trump’s comments suggest that he will take a bifurcated strategy; this means that his administration would still pursue its case in the court over the original order, despite the suggestions for a new ban. A Seattle Judge halted the original order a week ago.
Mr. Trump told reporters:
“We’ll win that battle. The unfortunate part is it takes time. We’ll win that battle. But we also have a lot of other options, including just filing a brand new order.”
9th U.S. Circuit Courts of Appeals judge, who upheld the stay on the original order on Thursday, has called on all the 25 judges of that court to vote on whether to hear the appeal again.
En banc review is a second hearing of the case in which a panel of eleven judges, instead of three hear the appeal.
The original travel ban by Trump was enforced hastily at the end of his first week in office; it sparked nationwide protests.
The Appeals Court said on Thursday that the administration was unable to offer “any evidence” to justify the travel ban, which was described as necessary by the President to keep the country safe from terror attacks.
Mr. Trump, however, insisted that his executive order was crucial for national security and promised rapid action to introduce “additional security” steps in the wake of the court’s ruling.
In the meantime, Virginia state lawyers are arguing in the court that Trump’s policy is a result of “animus toward Muslims.” The challenge focuses on the travel restrictions of the ban, rather than a four-month policy for suspension of refugee admission.
The U.S. government lawyers in Virginia wrote that the “judicial second-guessing” amounted to “an impermissible intrusion” on President Trump’s constitutional authority.
The ruling by appeals court means that visa holders from the seven countries (Iran, Iraq, Sudan, Somalia, Syria, and Yemen) can travel to U.S., and refugees who were barred from entering U.S., are no longer blocked. The court’s ruling, however, doesn’t affect one part of Trump’s executive order; the cap of 50,000 refugees to be taken in the current fiscal year, the number came down from the set 110,000 under his predecessor, Barack Obama.