White House to request stay of restraining order on entry ban

The Trump administration is determined to overturn a federal judge’s temporary restraining order on the president’s 90-day entry ban on nationals from 7 Muslim countries.

The White House will attempt to overturn a ruling by federal Judge James Robart of the Western district in the state of Washington who placed a temporary restraining order on President Donald Trump’s 90-day entry ban on nationals from seven Muslim countries. 

“At the earliest possible time, the Department of Justice intends to file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate,” White House press secretary Sean Spicer said in an original statement.

In his ruling, Judge Robart held that the plaintiffs seeking grievance, the states of Washington and Minnesota, demonstrated that they face “immediate and irreparable injury” as a result of the negative effect of Trump’s entry ban on their role as parens patriae, the responsibility of a governing authority to protect the residents living within their borders.

The judge also held that Trump’s entry ban inflicted damage upon the “states’ operations, tax bases and public funds.” Moreover, Robart ruled that the temporary restraining order must apply to the entire country and not just for Washington and Minnesota, in order to maintain the established constitutional principles of “a uniform rule of naturalization” and the need for US immigration laws to be “enforced vigorously and uniformly.”

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Spicer countered by referencing statute 1182 in Title 8 (Aliens and Nationality) of the the US code.

“The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people,” he argued. 

“As the law states, ‘Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.’ “

For his part, the president expressed outrage on his own as well as a determination to have Judge Robart’s ruling overturned.

“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!,” Trump wrote in a Tweet. 

By: Jonathan Benedek, World Israel News