Trump will "rescind", "replace" travel ban: Ferguson says he's conceding defeat

US President Donald Trump salutes before boarding Air Force One

The Trump administration had asked for a pause in the proceedings by the 9th US Circuit Court of Appeals, which had sided with a lower court in halting Trump's immigration ban.

The President has also said he is concerned about possible leaks of his calls with foreign leaks and has pledged new orders next week to "protect Americans". It also barred all refugees for 90 days and refugees from Syria indefinitely. A federal judge in Seattle first ordered Trump's ban be suspended February 3, and the three-judge panel with the 9th Circuit last week unanimously rejected the administration's request to undo that freeze. Given the heavy liberal balance of the San Francisco-based appeals court, the same eventual outcome was likely. "We had a bad decision.We are going to keep going with that decision, we are going to put in a new executive order next week", Trump told reporters in Washington.

Meanwhile, at a news conference at the White House on Thursday, Trump said his new order would "comprehensively protect our country", and hinted that it might contain new vetting measures for travelers.

Legal experts said a new order focusing only on residents of the seven countries who had never entered the US would still face legal hurdles over possible religious discrimination. Trump said, however, that Homeland Security Secretary John Kelly said no and that the order had to take effect immediately.

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In its consideration of the Muslim ban, the 9th Circuit heard that argument by the administration and shot it down: "There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy".

It will be interesting to see what the revised executive order looks like. There has been a serious outcry against this ban, and while those protestors are right to be angry, Trump's response to the backlash and the subsequent judicial reviews is possibly even more concerning than the order itself.

In general, because the reversal rate applies only to cases that make it before the Supreme Court, the statistic is "not very helpful", says Carl Tobias, a law professor at the University of Richmond and an expert on federal courts. Eighteen other states, including California and NY, supported the challenge. The seven nations subject to a temporary ban (Iran, Iraq, Syria, Libya, Yemen, Somalia and Sudan) are particularly troublesome in this regard. During the hearing, judges asked the administration's lawyer for evidence that existing screening procedures for visitors and immigrants were insufficient to deal with terrorist threats and for proof that people admitted from the seven targeted countries had committed federal offenses in the U.S.

Judge Leonie Brinkema said the travel restrictions improperly discriminated against Muslims.

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