The U.S. Federal Court of Appeals has rejected the DOJ’s request to reinstate an executive order signed by President Trump in late January. The order, wrongfully dubbed “The Muslim Ban,” would have prevented individuals from seven countries believed to harbor terrorist activity from entering the United States for next 120 days.
Early Sunday morning the court moved to suspend the ban in spite of efforts made by the DOJ to keep the order in effect. The court decided that the travel ban was unconstitutional, citing that the order targets Muslims and is a violation of religious freedom.
In response to the initial denial the DOJ alluded that the judge’s decision to suspend the order was to “second-guess” the president and his initiative to keep American soil safe from potential terrorists threats.
“Unlike the President, courts do not have access to classified information about the threat posed by terrorist organizations operating in particular nations, the efforts of those organizations to infiltrate the United States, or gaps in the vetting process,”
The Justice Department also argued, in essence, that the court did not have access to the same information as the president about terrorist activity in foreign countries making them incapable of rendering an appropriate decision regarding the potential threat travelers may pose.
The appellate court has requested that the DOJ file a response to the decision no later than Monday evening and has asked those that opposition do the same. As it sits the order will remain suspended and individuals from the listed countries are free to enter the U.S. until such time that a full trial can be heard. Should the court decided that the suspension is to remain in effect the issue is expect to move to the Supreme Court as early as next week.