Immigration Law

White House may draft new immigration order after 9th Cir. ruling, but will case be heard en banc?

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Donald Trump

President Donald Trump. Evan El-Amin / Shutterstock, Inc.

Updated: On Friday, President Donald Trump told reporters on Air Force One that he’s considering a “brand new order” on immigration, the Associated Press reported. While he said he expected his administration to ultimately win its case on the original order, drafting a new one with “very little” changes is being considered.

White House chief of staff Reince Priebus said Friday that the administration is “reviewing all of our options in the court system,” including an appeal to the U.S. Supreme Court, according to the Washington Post.

The Post had previously reported being told by a White House official that the administration was not planning to appeal the 9th Circuit ruling. The Associated Press reported being told by a White House official that the administration planned to first argue the order’s constitutionality in the lower courts before asking the Supreme Court to hear the case.

On Friday night, however, an unidentified judge on the 9th Circuit made a sua sponte request for a vote on whether the three-judge panel’s Friday order should be reconsidered en banc. A Friday order (PDF) instructs parties to file briefs by 11 a.m. Thursday, Feb. 16, on their positions on whether the case should be considered by the full court.

Updated on Feb. 13 to add information about the sua sponte request.

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