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Justice Department Asks Federal Court To Appeal Judge's Ruling On Trump's Immigration Order

PALM BEACH, FL (CBSNewYork/AP) -- The U.S. Department of Justice filed an appeal Saturday night, asking a federal court to set aside a judge's order temporarily blocking the Trump administration's travel ban.

The federal government's request for an emergency stay was filed with the 9th U.S. Circuit Court of Appeals.

"Now it's got a case number and they're going to have to file motions if they want anything done," Rory Litter, the former Associate Deputy Attorney General under Janet Reno, said.

President Donald Trump lashed out Saturday at "this so-called judge" who put a nationwide hold on his executive order denying entry to the U.S. to refugees and people from seven predominantly Muslim countries. The ruling set in motion another weekend of confusion and chaos around the country.

The White House pledged to swiftly appeal the federal judge's ruling late Friday, but that didn't appear to be enough for Trump, who vented his frustrations on Twitter.

"The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!" Trump said.

Trump has said the travel ban, which he enacted by executive order on Jan. 27, will keep Americans safe by keeping potential terrorists from entering the country.

He also said Saturday on Twitter that "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!"

The president took to Twitter again Saturday night, saying "bad people are very happy" with the ruling.

Meanwhile, The State Department says it's reversed the cancellations of visas for foreigners after a federal judge put on hold President Donald Trump's executive order on immigration. The department had said up to 60,000 foreigners from seven majority-Muslim countries had their visas "provisionally revoked" to comply with Trump's order blocking them from traveling to the United States.

The department says it acted to reinstate the visas after getting word from the Justice Department about the judge's ruling Friday in Washington state.

In a statement released Saturday, the Department of Homeland Security said they have, "suspended any and all actions implementing the affected sections of the Executive Order entitled, 'Protecting the Nation from Foreign Terrorist Entry into the United States'."

"This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order," the statement continued. "DHS personnel will resume inspection of travelers in accordance with standard policy and procedure. At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the president's Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the president has no higher duty and responsibility than to do so."


Camille Mackler is one of about a dozen volunteer lawyers at John F. Kennedy International Airport in case there are any issues with travelers trying to enter from the seven countries affected by the president's travel ban.

"We're trying to see how the order is implemented and we want to make sure that folks are still able to enter," she tells 1010 WINS' Samantha Liebman.

U.S. District Judge James Robart in Seattle ruled late Friday against government lawyers' claims that Washington state and Minnesota, which sued over the ban, lacked the legal grounds to challenge Trump's order.

"It's not the loudest voice that prevails in the courtroom, it's the Constitution," Washington state Attorney General Bob Ferguson said Friday night.

Robart said the states showed that their case was likely to succeed.

"The state has met its burden in demonstrating immediate and irreparable injury," Robart said.

As CBS2's Jessica Layton reported, as of Friday night, the ruling was being interpreted to mean that immigration and visits from the blocked countries could resume right away.

Syrian refugees could start arriving in the United States again as soon as Monday. A State Department email said trips are being booked through February 17.

Trump's order last week sparked protests nationwide and confusion at airports as some travelers were detained.

More protests were planned for this weekend, including a rally outside the Stonewall Inn in New York City, which drew thousands, as well as marches in Washington, D.C. and London.

(TM and © Copyright 2017 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2017 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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