As President Donald Trump's executive order restricting travel and immigration remains halted pending legal battles, his administration has already begun drafting a new version of the law designed to hold up better against federal courtroom challenges, a senior official said on Feb. 9.
Several days before the 9th U.S. Circuit Court of Appeals upheld the Feb. 4 suspension of Trump's controversial order that prevents people from Muslim-majority nations Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen from entering the U.S. for 90 days, the White House began rewriting the bill's language, reports NBC.
The White House aide said that they are planning to release the new version of the executive order "very soon" and will continue fighting for the current one to be reinstated. The administration believes that they will prevail.
"It's a political decision and we're going to see them in court," Trump told reporters after the ruling, according to NBC.
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The Jan. 27 executive order has drawn fierce opposition from those who call it an unconstitutional "Muslim ban" and have protested the airport detainments it has caused.
"This is not about religion," said Trump. "This is about terror and keeping our country safe. There are over 40 different countries worldwide that are majority Muslim that are not affected by this order."
In court, the Justice Department contended that the president issues immigration policy executive orders out of concern for national security, which should exempt them from legal review, although the judges rejected that argument.
"There is no precedent to support his claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy," the judges wrote.
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They also determined that U.S. District Judge James Robart's restraining order was not overly broad, as the administration said it was.
"Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution," the court said, according to CNN.
Trump's administration has indicated that they may pursue this case all the way up to the Supreme Court.