“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,” explains the filing from the Justice Department.
Shortly before the new court filing, Trump defended the legality of the executive order at a White House news conference, stating that his administration is “appealing” the original result, but also confirming that he would be moving ahead with a new action that will be “tailored” to the court’s earlier decision and issued “sometime next week.”
“We are going further -- we're issuing a new executive action next week that will comprehensively protect our country,” said Trump. “So we'll be going along the one path and hopefully winning that.”
In its filing with the 9th Circuit, the Justice Department maintains its stance that the court’s ruling was erroneous, but cites the “unusual circumstances presented” by the “expedited proceedings” and “complexity and constitutional magnitude of the issues.”
The administration’s filing Thursday reiterates the government’s stance that the executive order was never meant to apply to legal permanent residents, but instead that “its focus is aliens seeking initial entry” who have “no constitutional rights regarding their application[s].”
The Justice Department does concede though that the order was “ambiguous” with respect to legal permanent residents which led to conflicting “reasonable” interpretations.
Additional clarification in Thursday’s filing explains that the order was only meant to apply to aliens attempting to enter the country, not persons already in the U.S. who haven’t left.
Trump maintained Thursday that the roll-out of the order “was perfect,” adding that the only problem they encountered was with “a bad court.”
“We had a court, what I consider to be, with great respect, a very bad decision, very bad for the safety and security of our country,” said Trump.