Trump Plans New Executive Order on Immigration

February 17, 2017

President Trump said Thursday he will issue a new executive order on immigration after federal courts blocked his administration from enforcing a Jan. 27 order barring entry into the U.S. by refugees and nationals of seven Muslim-majority countries.

In a news conference, Trump said the new order would come out next week. The order, Trump said, would "be very much tailored to the, what I consider to be a very bad [court] decision, but we can tailor the order to that decision and get just about everything, in some ways more."

The Trump administration also said in a court filing it would be rescinding and replacing its original executive order.

In its brief in response to a lawsuit filed by the states of Washington and Minnesota, the federal government expressed disagreement with the earlier ruling against it by a three-judge panel but said it does not seek an en banc ruling by a larger group of judges. “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 brief states. “In so doing, the president will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”

Bob Ferguson, the attorney general for the state of Washington, tweeted in response to the government’s brief, “Today’s court filing by the federal government recognizes the obvious -- the president’s current exec order violates the Constitution.”

“President Trump could have sought review of this flawed order in the Supreme Court but declined to face yet another defeat,” Ferguson said in another tweet.

Many college leaders have spoken out against the entry ban, which prevented travel by students and scholars from the affected countries to their campuses and meant that affected individuals already in the U.S. could not return if they were to travel internationally for professional or personal purposes. Trump has justified the executive order as intended to prevent the entry of terrorists into the U.S.

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