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Legal Challenge By Wash., Minn. Will Determine Future Of Trump's Travel Ban

MINNEAPOLIS (WCCO) -- The legal fight over President Donald Trump's travel ban is in the hands of a federal judge.

The attorneys general from Minnesota and Washington are challenging the ban, saying restoring the travel restrictions would "unleash chaos."

Late last week Minnesota Attorney General Lori Swanson joined Washington state in a legal challenge of the president's temporary ban from seven predominantly Muslim nations, including Somalia.

Last Friday a federal judge suspended the ban. The Trump administration wants it reinstated immediately.

Over the weekend, the 9th Circuit Court of Appeals handed Minnesota and Washington another victory over the president and in a temporary order upheld the ban on the ban.

But the appeals court will be making another more complete ruling in this case within days.

The case is called the states of Washington and Minnesota vs. Donald Trump and it's the case that will decide the future of President Trump's temporary travel ban.

The president on Twitter has blasted the judge who ruled against him, tweeting, "Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!"

Vice President Mike Pence predicted the administration will eventually win.

"I truly do believe as we go forward we'll see the legal foundation of that affirmed by our highest courts," Pence said on "Face the Nation."

For now, visa holders from the seven countries are arriving at airports around the country, including here in Minnesota.

Examples of individuals and families who have been separated are part of Minnesota's legal argument before the court. The University of Minnesota Law School's Center for New Americans helped with the research.

"Our center's involvement has been primarily limited to helping them document examples of the impact of the executive order on Minnesota residents," Professor Benjamin Sanchez said.

Trump filed a brief with the court Monday evening, saying, "The Executive Order is a lawful exercise of the President's authority over the entry of aliens into the United States and the admission of refugees."

The filing calls the court's halt on the travel van "vastly overbroad," arguing that states do not have the authority to challenge the denial of entry or visas to immigrants. The filing also says the court's injunction poses national security risks and "the effect on our constitutional separation of powers" cannot be undone.

You can read the full filing here.

The 9th Circuit Court of Appeals will hear oral arguments in the case at 5 p.m. CT Tuesday.

There have been some extraordinary friend of the court briefs that have been filed to support Washington and Minnesota, including one from more than 90 tech companies including Google, Apple and Facebook. Most legal experts believe whichever side loses will appeal the case to the U.S. Supreme Court.

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