The Justice Department filed a brief in the 9th U.S. Circuit Court of Appeals defending President Trump’s executive order that had temporarily suspended immigration from seven countries in the Middle East and North Africa, according to multiple reports Monday evening.

Three West coast judges will hear both sides’ oral arguments in a telephone hearing set for Tuesday evening.

The amicus brief was expected to ask the San Francisco-based judge to reinstate Trump’s ban on refugees and asylum seekers from Somalia, Iran, Iraq, Sudan, Syria, Libya and Yemen, though text of the legal document has not been made public yet.

Last Friday, Seattle-based U.S. District Judge James Robart ruled in favor of a lawsuit by Washington Attorney General Bob Ferguson, who took action on certain provisions in the executive action. Robart’s restraining order was granted on a national level and took effect immediately.

Ferguson’s 19-page complaint stated Trump’s order violated aspects of religious freedom and equal protect, as outlined in the Constitution. Minnesota joined Washington’s suit earlier this week. A handful of states have also announced separate legal action in response to Trump’s temporary immigration ban.

On Saturday, the Trump administration pushed back against the judge’s ruling. By Sunday, the federal appeals court denied the Justice Department’s request the travel ban be reinstated.

The former George W. Bush-appointed judge’s order will likely lead to a circuit split due to an opposite ruling by a Boston judge on Friday, forcing the matter to be decided by the Supreme Court.

Congress probing Secret Service agent who wouldn't take 'a bullet' for Trump

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Lawmakers did not specifically mention the Secret Service’s own investigation into O’Grady’s Facebook post.

02/06/17 6:27 PM

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