Where the Legal Showdown Over Trump’s Travel Ban Stands

iStock/Thinkstock(WASHINGTON) -- The legal showdown over President Trump's executive action barring entry into the U.S. by people from seven predominantly Muslim countries is expected to produce another appeals court ruling as early as Monday and could ultimately go before the Supreme Court, experts told ABC News.

Where the Executive Order Currently Stands

After a federal judge issued a nationwide temporary restraining order blocking the executive action on Friday, airlines around the world were told it was back to business as usual regarding people's entry into the U.S. from the seven countries covered by the order -- Syria, Iraq, Iran, Libya, Yemen, Sudan and Somalia -- as well as refugees.

The 60,000 visas revoked under the executive action again became valid again as long as the travel documents fulfilled usual requirements.

Immigrant and refugee advocacy groups, concerned that the executive order might soon go back into full effect, urged travelers to "book flights immediately."

An appeals court early Sunday ruled against a Justice Department request to immediately lift the judge’s order blocking the travel ban.

But the court still has to rule on the department's request to place an emergency stay on the judge's order to allow the government to resume enforcing the ban.

That decision could come as early as Monday, experts tell ABC News.

What Led to the Block on the Ban

Numerous lawsuits have challenged the president’s executive order, including some on behalf of travelers detained at U.S. airports and threatened with deportation in the hours after Trump signed the action on Jan. 27.

Among the legal challenges was a lawsuit filed Jan. 30 by Washington and Minnesota, claiming they would suffer “irreparable harm” from the executive action's restrictions on travel.

U.S. District Judge James Robart in Seattle decided Friday in favor of the states' request for an immediate restraining order and placed a nationwide, temporary block on the travel ban.

"The executive order adversely affects the states' residents in areas of employment, education, business, family relations, and freedom to travel," Robart wrote, also citing damage to the missions of the states' universities and to the states' tax bases.

How the Trump Administration Responded to the Judge's Ruling

The Justice Department late Saturday night asked the Ninth Circuit Court of Appeals in San Francisco for both an immediate stay and an emergency stay to lift the restraining order, said Kate Shaw, an ABC News contributor and professor at Cardozo School of Law in New York City.

Lawyers for the department argued that the restraining order went "vastly overboard," and that it "second-guesses" the president who has authority over immigration and foreign affairs.

"The injunction contravenes the constitutional separation of powers; harms the public by thwarting enforcement of an Executive Order issued by the nation's elected representative responsible for immigration matters and foreign affairs; and second-guesses the President’s national security judgment about the quantum of risk posed by the admission of certain classes of aliens and the best means of minimizing that risk," the Justice Department lawyers wrote.

Their filing also cited a separate federal court opinion issued Friday in Massachusetts which rejected a request to suspend the executive order.

President Trump on Saturday referred in a tweet to this court ruling in Boston. 



Where We Go From Here

Washington and Minnesota have until 1 a.m. Monday PT to file a response to the Justice Department's request to lift the block on the travel ban.

Then, the Trump administration will have until 3 p.m. Monday PT to respond to the states' filings.

Once all these filings are made, the Ninth Circuit judges will be able to make a ruling on whether to let the temporary restraining order stand or not.

What Happens if the Appeals Court Overturns the Judge's Ruling

If the court agrees to the Trump administration request, it may allow the federal government to again enforce the travel ban.

But that wouldn't necessarily mean the legal battle is over.

The ACLU told ABC News it expects to file a "broad challenge" in coming days to the executive action on immigration and refugees. And Shaw said the legal fight over the executive order titled, "Protecting the Nation from Foreign Terrorist Entry into the United States," could go to the Supreme Court.

"We anticipate filing a broad challenge to the executive order in the coming days on behalf of a variety of plaintiffs," ACLU senior attorney Lee Gelernt told ABC News.

"Right now there are a lot of cases because there was outrage over the executive order so people rushed into court to protect their clients, but it remains to be seen how the cases will fit together," Gelernt said.

Copyright © 2017, ABC Radio. All rights reserved.

Check Also

Protests erupt from Boston to California as Confederate monument tensions boil over

Protests erupt from Boston to California as Confederate monument tensions boil overSpencer Platt/Getty Images(NEW YORK) -- The weekend after a white nationalist rally collapsed into chaos in Charlottesville, Virginia, leading to the alleged murder of an anti-racism activist, protests erupted across the country against white supremacy, racism and the presence of Confederate monuments.

Boston, Massachusetts

Tens of thousands counterprotesting a rally purporting to be about free speech swarmed Boston on Saturday, leading to a few conflicts with police and widespread attention from traditional and social media.

A total of 33 arrests were made Saturday in Boston, primarily resulting from disorderly conduct and alleged assaults against police officers, the Boston Police Department said. Police indicated that some demonstrators were throwing rocks and bottles of urine, but that did not represent the majority of participants, according to Police Commissioner William Evans.

"99.9 percent of the people here were for the right reasons" and participated peacefully, Evans said.

Dallas, Texas

Thousands of demonstrators gathered around the area of Dallas City Hall Saturday at a rally calling for unity, according to ABC affiliate WFAA-TV.

More than a dozen activists, politicians and faith leaders spoke prior to a candlelight vigil, the affiliate reported.

Tensions were high near Confederate War Memorial Park, where calls have been growing to remove statues commemorating Civil War veterans who fought for the Confederacy, WFAA-TV reported.

Cotton candy and caramel apples for sale for $3 in the middle of this protest against Dallas' Confederate War Memorial. pic.twitter.com/SdWNhGmTP1

— Jason Whitely (@JasonWhitely) August 20, 2017

Monuments commemorating the Confederacy on public land "must be and will be removed," Dallas Mayor Dwaine Caraway said at a Friday press conference, which featured black members of Dallas's City Council, according to the Dallas Morning News.

Kevin Felder, one of the City Council members, said "taxpayer dollars should not support vestiges of racism and white supremacy," in reference to the statues, while speaking at Friday's press conference.

Five people were detained during Saturday’s rally and then released without charges, the Dallas Police Department told ABC News.

Memphis, Tennessee

Six demonstrators were arrested in Memphis following a rally to remove a monument to Nathan Bedford Forrest, a slavetrader and lieutenant general who served in the Confederate Army during the Civil War, according to ABC affiliate WATN-TV.

The monument has become a flashpoint of tension between anti-racism activists, who covered it with anti-racist signs on Saturday, and those who seek to protect the history of the Confederacy.

Gene Andrews, a caretaker for Nathan Bedford Forrest's boyhood home and a participant in the white nationalist rally that took place in Charlottesville last week, told the Tennessean newspaper that tensions over the monuments were building.

"I think people have had enough," Andrews told the paper. "Somewhere there’s going to be a line drawn. And if it’s a war that’s coming, so be it."

Our beloved @tamisawyer and other activists calling on @MayorMemphis remove Confederate statues. #TakeEmDown901 pic.twitter.com/bwjtTmEimp

— Broderick Greer (@BroderickGreer) August 16, 2017

Atlanta, Georgia

Hundreds of groups gathered in Centennial Olympic Park on Saturday in Atlanta to march against racism and hate, according to ABC affiliate WSB-TV.

The march ended at the tomb of Dr. Martin Luther King Jr., the affiliate reported.

Hundreds of anti-racism marchers quietly filing into Martin Luther King Jr. National Historic Site in Atlanta. #Charlottesville pic.twitter.com/gTApyUpWbI

— Rikki Klaus (@RikkiKlausWSB) August 20, 2017

Indianapolis, Indiana

Anthony Ventura, a 30-year-old man, was arrested after police said he damaged the Confederate statue with a hammer, according to ABC affiliate WRTV.

Laguna Beach, California

In Laguna Beach on Saturday, a group of about 300 demonstrators met for a pre-emptive response to a far-right rally planned for that day, the Los Angeles Times reported. At the rally, participants planned to call attention to victims of crimes committed by immigrants living in the U.S. illegally.

Thank you to Saturday's rally at Main Beach for staying peaceful while expressing your First Amendment rights. #LagunaBeach pic.twitter.com/mufznrEBIL

— Laguna Beach Police (@LagunaBeachPD) August 19, 2017

Saturday’s gathering of counterprotesters, which was set up to show solidarity and strength, was officially called “From Charlottesville to Laguna Beach: We Stand Together.” Laguna Beach Mayor Toni Iseman helped organize the event and spoke to the crowd on Saturday, the Los Angeles Times reported.

Copyright © 2017, ABC Radio. All rights reserved.