"The President was clear in his landmark speech in Saudi Arabia: this is not about religion; it is about national security".
If imposed, the travel ban would automatically restrict people coming from six Muslim countries from entering the US for 90 days.
The Trump administration took the action "in light of questions in litigation about the effective date of the enjoined provisions and in the interest of clarity", according to a memorandum obtained by ABC News, arguing that the "clarification forecloses respondents' mootness argument".
The Virginia court ruled that the 90-day suspension of visas for citizens of Iran, Syria, Yemen, Libya, Sudan, and Somalia, signed by Trump on March 6, was unconstitutional because it discriminated against Muslims.
The 9th U.S. Circuit Court of Appeals on Monday upheld a judge's ruling that blocked the temporary ban on refugees as well.
Jeff Sessions Testifies Before Senate Intelligence Committee
Sessions is likely to be asked whether he played a role in Trump's decision to fire Comey. "I hope you can let this go". Rubio, probably so", Sessions added, when Rubio asked whether any such tapes would have to be preserved.
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The administration has appealed another ruling against the ban to the Supreme Court, which is likely to consider the cases in tandem.
Chair of the Committee on Migration for the US Conference of Catholic Bishops, Bishop Joe Vasquez of Austin said he was "heartened" by the 9th US Circuit Court of Appeals' decision. The second order was meant to overcome the legal issues posed by the original ban, but was blocked by judges before it could go into effect on March 16.
"Congress granted the President broad power to deny entry to aliens, but that power is not absolute", Gregory wrote in a ruling that largely upheld the original block on the travel ban. That ruling said the executive order violated US immigration law. The case similarly found that a 120-day ban on admitting refugees also violated the Immigration and Naturalization Act without relying on the Frist Amendment's Establishment Clause to do so.
Now, the DOJ is about to file the two last briefs in support of its case, and attorneys at the justice department are surely hoping Trump won't talk or tweet about it, or taunt the high court before they file. The new version, created to better withstand legal scrutiny, named six countries instead of seven - dropping Iraq - and spelled out more of a national security rationale.
But the justices extended that deadline on Tuesday, ordering the parties in the case to have all briefs on the government's request for the court to reinstate the ban filed by June 21.