President Donald Trump is planning to issue a new executive order next week, related to his earlier action barring entry into the U.S. to citizens from seven predominantly Muslim countries according to a new filing from the Justice Department.Details of the revised executive order have not been released, but Trump says it is “being tailored” to address concerns raised by the courts.
“Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns,” the Justice Department wrote. “In so doing, the President will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”
Shortly before the new court filing, Trump defended the legality of the executive order at a White House news conference, stating that his administration is “appealing” the original result, but also confirming that he would be moving ahead with a new action that will be “tailored” to the court’s earlier decision and issued “sometime next week.”
“We are going further — we’re issuing a new executive action next week that will comprehensively protect our country,” said Trump. “So we’ll be going along the one path and hopefully winning that.”
The states of Washington and Minnesota, which have won two court orders that temporarily halted the president’s travel ban, argued that no new court review is needed and that ordering one would “simply delay the merits of the preliminary injunction appeal to no substantive purpose.”
But the federal government’s brief seeks to render the issue moot, declaring that a new order will sidestep more legal delays.
“In so doing, the President will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation,” administration lawyers wrote.
The president signed the order Jan. 27 to bar entry of visa holders from seven Muslim-majority countries with terrorism links – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen for 90 days and imposed a 120 day halt on all refugee resettlement programs. Many legal scholars, including ones who disapproved of the ban, have criticized the reasoning in the panel’s ruling. State Department officials said an estimated 60,000 visas were canceled, but Trump blamed much of the turmoil at U.S. airports on a Delta Airlines computer outage, which occurred after people were already detained at airports and while protests were underway.
“Let me tell you about the travel ban. We had a very smooth rollout of the travel ban. But we had a bad court. Got a bad decision,” he said. “The rollout was perfect.”
White House officials already have indicated that a new order would most likely be designed to have no impact on current holders of U.S. visas, meaning that people with green cards or student or work-related visas would be able to travel without additional restrictions.