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The one thing that will determine what happens to Trump's immigration ban

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If Gorsuch is appointed in time, order could be enforced again.

President Trump's immigration ban from seven Muslim countries is unlikely to come back, unless he can seat a ninth Supreme Court Justice soon. The ban remains suspended pending a district court appeal, and it may be bound for the Supreme Court.

Trump holds his executive order banning immigration for refugees and from seven countries until Homeland Security can revamp vetting procedures.

Trump holds his executive order banning immigration for refugees and from seven countries until Homeland Security can revamp vetting procedures.

LOS ANGELES, CA (California Network) -  President Trump's temporary ban on immigration from seven Muslim countries remains on hold as a district judge in Washington State maintains a hold on enforcement of the order.

Judge James Robart said the hold on the executive order needs to remain in place because "The states are likely to suffer irreparable harm in the absence of preliminary relief."

The Trump administration has now appealed the case to the Ninth Circuit Court of Appeals. The Ninth Circuit was asked to reinstate the order, but they have declined, planning arguments for the days to come.


The ban applies to Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen for 90 days. All Syrian refugees are halted indefinitely. No refugees whatsoever may enter for 120 days. The president does have the executive authority to give such an order.

Should the case go to the Supreme Court in the near-term, nothing will change. In the event of a tie, the lower court decision remains. Presently, the court is divided 4-4 between liberal and conservative justices.

However, if Trump's choice of a replacement for Antonin Scalia is approved, the court will be 5-4 in favor of the administration. President Trump has nominated Neil Gorsuch to replace Scalia and Gorsuch is a staunch conservative.

Even if Gorsuch is not seated, the Trump administration may still seek to bring the case to the Supreme Court anyway, but their odds of winning will be slim.

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