WASHINGTON (CNN) — President Donald Trump’s government moved swiftly Saturday to comply with a federal judge’s order halting his immigration ban — even as Trump denounced the judge.
The Department of Homeland Security announced it has suspended all actions to implement the immigration order and will resume standard inspections of travelers as it did prior to the signing of the travel ban.
Also, a State Department official tells CNN the department has reversed the cancellation of visas that were provisionally revoked following the President’s executive order last week — so long as those visas were not stamped or marked as canceled.
The State Department has said fewer than 60,000 visas were revoked since the signing of the order. It was not immediately clear how many from that group will continue to be without their visas because their visas were physically canceled.
The whirlwind turn of events set up the nation for a second straight weekend of widespread uncertainty over the controversial ban, this time with the administration on defense. Friday night, the White House announced the Justice Department would file an emergency motion to stop the halt, but it had yet to do so as of late Saturday morning.
Trump’s order bars citizens of seven Muslim-majority countries from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria.
Federal Judge James Robart, a George W. Bush appointee who presides in Seattle, halted the enforcement of Trump’s order Friday night, effective nationwide.
Robart, ruling in a lawsuit brought by the attorneys general of Washington state and Minnesota who sought to stop the order, said the states “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order. ”
He said the order adversely affects residents in areas of education, employment, education and freedom to travel.
The decision was met with swift denunciation by the White House — which originally called it “outrageous” before removing that word in a statement issued minutes later — and Trump himself, who blasted the judge personally Saturday morning.
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” he tweeted.
Trump sent out a series of tweets lamenting the ruling.
“When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety &.security – big trouble!” he tweeted.
Robart’s ruling may have stung even more for the Trump administration because it came on the heels of its first legal victory over the travel ban. Hours earlier Friday, a federal judge in Boston issued a more limited ruling that declined to renew a temporary restraining order in Massachusetts, which would have prohibited the detention or removal of foreign travelers legally authorized to come to the Boston area.
But it was the sweeping ruling from Seattle that had the federal government scrambling.
Visas to be reinstated
The seven affected Muslim-majority countries are Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.
US Customs and Border Protection alerted airlines Friday night that the US government would quickly begin reinstating visas that were previously canceled, and it advised airlines that refugees in possession of US visas will be admitted as well, an airline executive said.
CBP told major US airlines Friday night that the government is in the process of reinstating visas and is “back to business as usual” before the situation that was in place before last week’s executive order, the airline executive told CNN. Airlines were expected to remove travel alerts from their websites and get messages out to customers to alert them about the change.
It is possible there will be more court activity and an appeal before anyone could act on getting a visa, and it’s unclear how long it would take to obtain one.
US airlines use an automated system connected to the Customs and Border Protection database to scan passports and visas to get an instant determination if the passenger can board or not. Unless the government reinstates visas and the airlines get a “board” status, the airlines still would not allow such passengers to board.
‘Exactly what we were looking for’
Democrats immediately hailed Robart’s decision, and Senate Minority Leader Chuck Schumer said Trump’s criticism of the judge will be cited in the Supreme Court nomination of Neil Gorsuch.
“The President’s attack on Judge James Robart, a Bush appointee who passed with 99 votes, shows a disdain for an independent judiciary that doesn’t always bend to his wishes and a continued lack of respect for the Constitution, making it more important that the Supreme Court serve as an independent check on the administration,” Schumer said in a statement.
“With each action testing the Constitution, and each personal attack on a judge, President Trump raises the bar even higher for Judge Gorsuch’s nomination to serve on the Supreme Court. His ability to be an independent check will be front and center throughout the confirmation process.”
“This is exactly what we were looking for,” Washington Attorney General Bob Ferguson told CNN’s Anderson Cooper shortly after Robart’s order Friday night, adding that “we have a bucket of constitutional claims.”
“It’s Keystone Cops, the way that thing (the order) was put together,” added Ferguson, who said he was prepared to take his case all the way to the Supreme Court if necessary.
The Council on American-Islamic Relations, the Muslim civil rights organization, welcomed the ruling.
“Because the Trump administration is vowing to appeal the ruling, CAIR is urging travelers to consider immediately contacting relevant airlines to inquire about rebooking their flights, with the recognition that the situation remains fluid,” the group said in a statement Saturday.
Daniel Smith, an immigration attorney in Seattle, predicted a “flood of people trying to enter the US over the next few days” due to the legal opening.
Airlines are adjusting to the new development. On Saturday, Qatar Airways announced it will allow nationals from the seven countries affected by Trump’s travel ban and all refugees presenting a valid, unexpired US visa or green card to travel to the United States.
“I am advising clients who are in the country now — don’t leave,” Smith said. “And any clients wanting to enter the country, it’s best if you try to get in right now and then stay put if you get here.”