The US Court of Appeals decision to deny the lifting of the suspension order against President Donald Trump's Executive Order will not stop the latter from issuing other orders that will ban immigrants from the United States.
"We're issuing a new executive action next week that will comprehensively protect our country", he explained.
The January 27th order places a 90-day ban on travelers from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen, halts all refugees from entering the U.S. for 120 days, and places an indefinite ban on accepting refugees from Syria.
Lee Gelernt, the deputy director of the ACLU's national Immigrants' Rights Project who is involved in another legal challenge to Trump's order in federal court in NY, said it was hard to assess a new order without seeing it, "but I think any type of ban is going to be legally problematic, and I also don't think that the taint of religious discrimination is going to go away".
The Justice Department said that given the upcoming replacement, the 9th US Circuit Court of Appeals should not reconsider an earlier ruling that suspended Trump's January 27 order.
It has been met with worldwide criticism and anger with protests being held in America and across the globe.
What came back to bite President Trump are his previous statements about Muslims.
During his press conference, Trump also said his ousted national security adviser was "just doing his job". Trump's first order temporarily barred refugees and citizens of seven Muslim-majority countries from entering the USA, ostensibly so officials could review and tighten screening procedures. Clearly, this had upset many people in the United States, and even those who are trying to escape from danger in another country.More news: U.S. government's $100 million lawsuit against Lance Armstrong set for trial
"I'm not going to tell you anything about what I'm going to do", Trump also said.
The Justice Department court filing on Thursday said Trump's order would be "substantially revised" but did not provide details.
And as President Trump is prepared to appeal both the restraining order instigated by Washington and Minnesota and the Ninth Circuit Court's decision to leave that order in place as this case winds its way through the courts, it is important to note that the Ninth Circuit Court is the most overturned court in the nation.
Trump said Thursday that he did not order that conversation, but he "would have directed" him to have that conversation had he known. This might include a travel ban carve-out for legal permanent residents or removal of references to religious minorities in the refugee provisions. According to Antonia Ferrier, a spokesman for Senate Majority leader Mitch McConnell (R-KY) said that "it was public" that executive orders were arriving soon, but it seems much of the party did not know about the full extent of the order until it was released.
The government "has responded with no evidence other than" its executive order to support its immigration and travel restrictions, Judge wrote. Because the Supreme Court now has only eight justices, a 4-4 tie would affirm the judgment of the Ninth Circuit without an opinion from the high court, thereby leaving Judge Robart's TRO in place.
Trump added that his administration is running like "a fine-tuned machine". "And he was right", the president said.
The Ninth Circuit requested the states of Washington and Minnesota, which challenged the ban, and the Justice Department to file briefs by Thursday laying out whether they thought en banc reconsideration was appropriate.