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Trump plans to rescind travel ban executive order, issue revised order

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Protesters stand outside the 9th U.S. Circuit Court of Appeals in San Francisco, Calif. Tuesday, February 7, 2017 as a three-judge federal court panel hears oral arguments from the State of Washington v. Trump regarding the recent immigration ban ordered by President Donald Trump. (James Chan/Special to S.F. Examiner)
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The U.S. Department of Justice told a federal appeals court in San Francisco on Thursday that President Donald Trump plans to rescind an existing executive order banning travel from seven predominantly Muslim countries and replace it with a new, narrower order “in the near future.”

Trump made a similar announcement during a news conference at the White House on Thursday, saying he expects to roll out the new order next week.

The Department of Justice said the revised order will address the concerns of a three-judge panel of the 9th U.S. Circuit Court of Appeals, which ruled unanimously last week that Trump’s original Jan. 27 order appeared to violate the U.S. Constitution’s guarantee of due process.

The original order barred visitors and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the country for 90 days. It also sought to stop refugees from all countries for 120 days and exclude Syrian refugees indefinitely.

The Department of Justice’s brief Thursday was submitted in response to the appeals court’s request for responses on whether the smaller panel’s decision should be reviewed by an expanded 11-judge panel.

The department said it is not requesting the expanded review.

Department of Justice lawyers wrote, “Rather than continuing this litigation, the president intends in the near future to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns.”

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