Both Trump, in a press conference, and the Department of Justice, in a court filing, said Thursday that the president is abandoning the order he signed January 27, banning all visa-holders from seven majority-Muslim countries and almost all refugees from entering the United States.
Justice, on behalf of President Trump, represented to the court that: "the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order" to eliminate constitutional concerns.
"The new order is going to be very much tailored to what I consider to be a very bad decision", Trump said, referring to the 9th Circuit panel decision.
A U.S. appeals court on Thursday suspended proceedings over President Donald Trump's travel ban on individuals from seven Muslim majority countries.
A Federal judge in Seattle said the lawsuit against President Donald Trump's travel ban can proceed in lower court, siding with lawyers for Washington state and Minnesota. Unfortunately, he may already be getting used to being targeted by the president - about a week after Robart issued his stay on the immigration ban that called the order "unconstitutional", Trump predictably lashed out on Twitter and called him a "so-called judge".
The Justice Department, in its own court filing, wanted the case put on hold while the 9th U.S. Circuit Court of Appeals decides whether the full court will review the government's request to allow Trump's order. "We have some of the best lawyers in the country working on it".
The filing came as the Ninth Circuit was considering whether to review the earlier decision by a three-judge panel and order a larger, "en banc" review by 11 judges.
Legal experts have suggested Trump may issue a new order making it clear it doesn't apply to green card holders - people who are legal permanent residents of the USA - and people who already are legally in the US on visas letting them in for work, study or other approved purposes. "We're going to keep going with that decision".
Washington Solicitor General Noah Purcell said the decision by the three-judge panel was consistent with previous U.S. Supreme Court rulings.
Judge Leonie Brinkema said the travel restrictions improperly discriminated against Muslims. The injunction was upheld by the ninth circuit court of appeals in a 9 February ruling. The Trump administration immediately appealed to the Ninth Circuit, arguing the president has broad discretion regarding the nexus between immigration and national security.
While some revisions could be straightforward in the new order expected next week, like a clarification that legal permanent US residents aren't restricted, any continued targeting of majority-Muslim countries will confront a wall constructed in part by Trump's own words.
The filing said the ban is not meant to impede the travel of green card holders.
Legal scholars suggest Trump could add legal protections such as a hearing or a written appeals process for applicants denied refugee status or USA visas to answer claims that the order fails to provide constitutionally-required due process.