9th Circuit Court of Appeals hears oral arguments on President Trump’s immigration order

WASHINGTON D.C. (KUSI) — The United States Justice Department and its opponents went head-to-head Tuesday in a Federal Appeals Court on the legal battle surrounding President Trump’s immigration order.

The issue is whether to restore President Trump’s order and support his executive authority.

The immigration order, which temporarily keeps citizens from seven predominately Muslim countries from entering the United States, was challenged by two states last week and suspended.

Now, the decision on whether to keep that restraining order in place rests in the hands of the 9th Circuit Court of Appeals. 

The three judges making up the 9th Circuit are 85-year-old Judge Canby Jr., appointed by President Jimmy Carter back in 1980; Judge Clinton, appointed by President George W. Bush; and Judge Friedland, appointed by President Obama three years ago.

A Justice Department lawyer and the Solistor General from the State of Washington, participated in a telephone interview. This comes after the Justice Department filed a notice defending the immigration order, urging the Appeals Court to reinstate it. 

The department stands by the executive order, saying it is "a lawful exercise of the President’s authority" to protest American citizens.

But attorney generals from the states of Washington and Minnesota argue the Trump Administration fails to show the country would be "irreparably harmed" by the suspension of the order.

In fact, the Solicitor General from Washington argues the president’s immigration order is what’s doing harm. 

The Justice Department said the judge’s order to suspend the president’s order is not only an overreach, but a matter of national security, something within the president’s authority to determine. 

Each side was given 30 minutes to state their case and the court will determine if the immigrant order will remain suspended for now or be reinstated. 

A ruling is expected this week.