President Donald Trump has lost an appeal against a court ruling blocking his travel ban on certain travellers and all refugees.
The 9th US Circuit Court of Appeals in San Francisco instead asked both the state of Washington and the Trump administration early today to file more arguments by Monday afternoon.
The Trump administration had launched an appeal againt a federal judge’s ruling that temporarily placed the ban on hold.
The higher court’s denial of an immediate stay means legal battles over the ban will continue into the coming week at least.
Acting Solicitor General Noel Francisco forcefully argued in the government’s brief last night that presidential authority is “largely immune from judicial control” when it comes to deciding who can enter or stay in the United States.
President Donald Trump has appealed against a court ruling blocking his travel ban, saying aliens have “no constitutional rights” to enter the US.
He acted after a judge in Washington state temporarily blocked his refugee and immigration ban, involving seven Muslim-majority countries in an extraordinary setback for the White House.
It was forced to suspend enforcement of the ban, and Mr Trump launched a series of vitriolic attacks on US District Judge James Robart.
The president told reporters, when asked about the appeal: “We’ll win. For the safety of the country, we’ll win.”
The US Justice Department formally appealed against the judge’s order at the 9th US Circuit Court of Appeals in San Francisco, citing the “sovereign prerogative” of a president to admit or exclude aliens.
The appeal says it is a basic principle that “an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application”.
The Justice Department is asking that the judge’s order be stayed pending appeal.