A federal appeals court early Sunday denied a Justice Department request to reinstate a travel ban President Trump had placed on those trying to enter from seven countries that have terrorist organizations within them.
About 24 hours after U.S. District Judge James Robart ruled Friday in favor of a lawsuit by Washington state and Minnesota to block the week-old executive action, the Trump administration had made good on a threat to push back with an appeal late Saturday.
But response, delivered by the 9th U.S. Circuit Court of Appeals in San Francisco, means that the ban will remain in abeyance, at least for now. The appeals court asked the Department of Justice to issue a response on Monday.
Asked Saturday evening about the appeal while heading to the Red Cross gala at the Mar-a-lago in Palm Beach, Fla., with the first lady, Trump told reporters: "We'll win," adding, "For the safety of our country, we'll win."
Earlier in the day Saturday, the Homeland Security Department announced it "has suspended any and all actions implementing the affected sections of the Executive Order," in accordance with the judge's ruling. DHS also confirmed that the Justice Department would file an emergency stay of Robart's order, a move acting DHS press secretary Gillian Christensen called "lawful and appropriate."
President Trump on Saturday escalated his critique of the temporary nationwide restraining order on his executive order barring citizens from seven Muslim-majority countries from entering the U.S., directing his ire this time at the federal judge in Seattle behind the move.
"The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!", the president declared on Twitter.
"When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!" Trump continued. "Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it's death & destruction!"
Trump continued his attacks on Robart's order throughout the day, saying it might convince "bad and dangerous" people to try and enter the U.S., and was defended by Vice President Mike Pence in a clip released of an interview set to air Sunday morning on ABC's "This Week."
After the restraining order was announced, Trump used his weekly address Friday to defend his national security actions during his first two weeks in the White House.
"On every single front, we are working to deliver for American workers and American families. You, the law-abiding citizens of this country, are my total priority. Your safety, your jobs and your wages guide our decisions," Trump said. "We are here to serve you, the great and loyal citizens of the United States of America."
The Trump administration has defended the 90-day travel restrictions for citizens from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen because these are "countries of concern" identified under the Obama administration.
Read the Notice of Appeal below:
Correction: This article has been updated to reflect that the Justice Department has not yet filed its appeal.