The administration of President Donald Trump is planning to issue a new executive order to replace the travel ban that suspended travel from seven Muslim countries and temporarily barred most refugees.
In a filing with the ninth circuit court of appeals Thursday, government lawyers asked the court not to consider a ruling that temporarily suspended the travel ban, saying that a new order would be issued instead.
"In so doing, the president will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation," the Justice Department said in its filing.
In a news conference Thursday, President Trump said the new order, which he will sign by mid-week, will “comprehensively protect our country.” He added, “extreme vetting will be put in place and already is in place in many places."
Trump said the new order is being prepared in the light of the ninth circuit’s February 9 ruling in which it refused to rescind a temporary restraining order that has halted the ban since February 3.
“We have some of the best lawyers in the country working on it and the new executive order is being tailored to the decision we got down from the court, ok?” Trump said, calling the court’s 29-page ruling “a very bad decision.”
Trump indicated that a lower court, which is reviewing the original January 27 executive order for its constitutionality, may proceed. “So we’ll be going along the one path and hopefully winning that; at the same time we will be issuing a new and very comprehensive order to protect our people,” he said.
Presided over by U.S. District Judge James Robart in Seattle the lower court suspended the executive order nationwide after Washington state challenged its legality. The order banned travel from Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya. It also barred all refugees for 90 days and refugees from Syria indefinitely.
The suspension was upheld by a three judge panel on the ninth circuit last week.
The travel ban caused chaos at U.S. airports the week it was in effect.