The Trump administration had appealed a temporary order restraining the ban nationwide, saying a federal judge in Seattle overreached by ‘‘second-guessing’’ the president on a matter of national security.
The appeals court’s denial of an immediate stay means the legal fight over the ban will continue for days at least. The 9th U.S. Circuit Court of Appeals in San Francisco asked challengers of the ban to respond by early Monday, and for the Justice Department to file a counter-response by the evening.Trump Administration's request for immediate administrative stay DENIED. pic.twitter.com/R3tTRPyv3U— WA Attorney General (@AGOWA) February 5, 2017
Acting Solicitor General Noel Francisco, representing the administration, told the appeals court that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.