Travel Ban To Be Revised and Lawful Permanent Residents Not Affected, Government Brief Says
President Donald Trump is set to issue a revised order that allows lawful permanent residents entry in the U.S., following a federal court's decision to halt implementation of the travel ban.
President Donald Trump plans to issue a revised executive order to replace his temporary travel ban, according to a government brief filed on Thursday. The travel ban will be revised to accommodate the federal court's decision and clarify that lawful permanent residents are not affected.
The Department of Justice brief says the 9th U.S. Circuit Court of Appeals that paused the implementation of the travel ban misconstrued the extent of the order. Due to this, Trump announced at a news conference on Thursday that he will issue a revised travel ban that will tailor the federal court's decision. Notably, the executive order temporarily banned residents of Muslim-majority countries from entering in the U.S.
But the travel ban did not affect aliens who are lawful permanent residents, aliens who are already in the U.S. and did not seek to depart, and aliens who have requested asylum from persecution, ABA Journal has learned. "Rather than continuing this litigation," the government brief said, "the president intends soon to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns."
In a conference, U.S. Secretary of Homeland Security John Kelly says the government's initial attempt to pursue the travel ban was for security reasons, however, it led to chaos at airports and adverse reactions from the judiciary. Trump is contemplating on releasing a more streamlined version to resolve problems. Kelly also addressed whether lawful permanent residents would be allowed entry in the U.S. "It's a good assumption and, as far as the visas go, ... if they're in motion from some distant land to the United States, when they arrive they will be allowed in," he said.
The government brief furthers that Trump's travel ban was lawful and orders to vacate the panel decision after the president issues his revised order. The federal court agrees to the government's request to suspend action on a judge's call for a vote on sending the case to an 11-judge panel. Trump then promised to roll out the revised travel ban next week.