A panel of federal judges is now considering whether to lift the stay on President Trump’s immigrant travel ban after hearing arguments last night.
That travel ban restricted entry into the united states for all refugees and visitors from seven predominately muslim countries until it was halted last week.
Last night, the 9th Circuit Court of Appeals heard arguments on both sides. The three judges spoke with attorneys about the president's use of executive power and the connection between he seven countries affected by the ban to terrorism.
A lawyer representing Washington state said thousands of people had been negatively impacted by the ban and that it discriminates against muslims.
Attorneys for the Trump administration argued there evidence of risk because those seven countries pose the greatest risk of terrorism and said the travel ban is within the president's power.
"The district courts decision overrides the president's national security judgements about the level of risk and we've been talking about the level of risk that is acceptable as soon as we have that discussion, it should be acknowledged that the president is the official charged with making those judgements," said August Flentje, who is the Justice Department special counsel.
"There are statements we have quoted in our complaints that are rather shocking evidence of the intent to discriminate against muslims even though we haven't had any discovery yet to find out what else might have been said in private, the statements from the president in his advisers reflecting that intent are strong evidence," said Noah Purcell, who is the Washington State solicitor general.
President Trump has constantly defended his ban and said he's ready to take his fight all the way to the supreme court, if needed.
A ruling is expected later this week.