Stony-faced Trump attends Red Cross gala with Melania as Court of Appeal REJECTS White House bid to overturn Seattle judge's 'terrible and ridiculous' halt on his immigration ban amid country-wide protests 

• e-mail

A federal appeals court has denied the Justice Department's request for an immediate reinstatement of President Donald Trump's ban on certain travelers and all refugees after a furious legal battle erupted. 

The 9th U.S. Circuit Court of Appeals in San Francisco instead asked both the state of Washington and the Trump administration early Sunday to file more arguments by Monday afternoon.

The Trump administration appealed a federal judge's ruling that temporarily placed the ban on hold. The higher court's denial of an immediate stay means legal battles over the ban will continue into the coming week at least.

Acting Solicitor General Noel Francisco forcefully argued in the government's brief Saturday night that presidential authority is 'largely immune from judicial control' when it comes to deciding who can enter or stay in the United States.

The 45th president was confident that the Department of Justice would win its recent appeal against the Seattle court ruling while attending a ritzy Florida gala.

Scroll down for video   

A defiant Trump declared that his team will win 'for the safety of the country' while he attended a ritzy Florida gala with Melania on Saturday night

Trump's policy, which was only in place for a week, sparked worldwide protests before it was swiftly undone by one federal judge in Washington on Friday. His administration took three hours to respond to the ruling and said it would seek an 'emergency stay' later that night

The president was at his Mar-a-Lago estate in Florida when the legal mayhem erupted and seemed furious his celebratory weekend was interrupted by the ruling as demonstrators protested him nearby in West Palm Beach. Nearly 3,000 protesters took to the streets to object Trump and his polices 

While attending the annual gala of the American Red Cross at his Florida club's ballroom with First Lady Melania, Trump assured his emergency stay would be approved by the Ninth Circuit Court of Appeals, declaring that his team will win 'for the safety of the country' during an address.

Trump's policy, which was only in place for a week, sparked nationwide and international protests before it was swiftly undone by one federal judge on Friday.  

The defiant president was at his Mar-a-Lago estate in Florida when the legal mayhem erupted. He seemed furious his celebratory weekend was interrupted by the ruling as demonstrators protested him nearby in Palm Beach, Florida.

This marks the third week of anti-Trump protests since he was elected. Protesters took to the streets of West Palm Beach, Florida, as President Trump attended the American Red Cross gala on Saturday night

Armed officials guard against protesters who marched to Mar-A-Lago, Trump's private club. They gathered to chant outside as the president attends the Red Cross gala in Palm Beach, Florida, on Saturday night 

First Lady Melania Trump looked unfazed by the unfolding political drama as she stood by her husband's side and beamed while attending the ritzy gala 

President Donald Trump talks with Melania Trump as they arrive for the 60th annual Red Cross Gala at Trump's Mar-a-Lago resort in Palm Beach, Florida

Earlier a Red Cross spokeswoman said the group takes no position on the executive order and strives to remain politically neutral, despite the event being held a venue Trump owned, reported CBS News. 

The organization, at request of local authorities, said it would 'provide basic support to stranded travelers affected by the order, including providing food and water at ports of entry; blankets, toiletries and other aid; and health, mental health and spiritual care services.'

Around 700 people were expected to attend Saturday night's ball and premium placement next to Trump cost as much as $50,000, reported the Palm Beach Daily News. 

The lavish theme for the evening was labeled as 'Vienna to Versailles' and people working the event came dressed in period fashions, including hoop skirts adorned with ribbons and towering, curled wigs.

Musicians were hired to play the harp amid decorations that featured mini palm trees and candelabra as table centerpieces. 

The lavish theme for the evening was labeled as 'Vienna to Versailles' and people working the event came dressed in period fashions, including hoop skirts adorned with ribbons and towering, curled wigs (left). Decorations featured mini palm trees and candelabra as table centerpieces (left)

Melania wore a hot pink dress and sparkling teardrop earrings as she accompanied the president to the charity gala. The couple walked room firmly hand in hand, unlike earlier in their Florida trip when Trump is seen 'avoiding holding his wife's hand' 

The presidential couple were initially seen holding hands on a tarmac, but Trump abruptly let go to clap along with the well-wishers who had come to greet him. Melania reached for her husband's hand again, at which point he brought her hand towards him and patted it (left) before dropping it once more (right)

Trump's attendance at the event was uncertain beforehand but he later appeared alongside Melania as his administration tackled the ruling against his executive order. 

The legal move by Trump's team came almost 24-hours after a federal district judge in Washington suspended the so-called 'Muslim ban' causing Trump to fire off a day's worth of furious attacks, warning that 'many very bad and dangerous people may be pouring into our country'.

The frantic appeal filed in the Ninth Circuit Court of Appeals on Saturday evening didn't immediately lift Friday's temporary halt on Trump's executive order barring certain foreign travelers.

Airlines will continue to allow previously barred foreigners to board U.S bound flights and the State Department has reinstated visas after the Court of Appeal's decision.

Trump said Judge James Robart's ruling was a 'terrible decision' and the country was opened up again to 'terrorists' in a tweet posted hours after Homeland Security announced it would no longer enforce his executive order.

Donald Trump's administration and the Department of Justice have launched an appeal against the Seattle court ruling that suspended Trump's controversial immigration ban. Federal judge James Robart (right) issued a ruling that temporarily halted Trump's order barring immigrants from seven Muslim-majority countries on Friday 

Pictured: The White House and Department of Justice have launched an appeal of Judge Robart's Friday ruling that halted Trump's immigration ban. The appeal was filed in the Ninth Circuit Court of Appeals on Saturday evening

The protests in West Palm Beach, Florida, on Saturday evening is part of a nation-wide demonstration against Trump. This is the third week of protests led against the 45th president 

As his administration rushed to have their boss's policy put back in place, Trump attended a gala in Florida. 

When asked about the status of the current legal battle, he said: 'We'll win. For the safety of our country, we'll win.'

Although the basis of the legal argument for 'emergency stay' that the White House is seeking is still unknown, Department of Justice lawyers previously argued Washington and Minnesota didn't have the right to sue because they haven't been harmed.

The Washington state Attorney General Bob Ferguson, who brought the lawsuit said he was not surprised by the move and would keep fighting.

He said in a statement: 'President Trump's decision to appeal comes as no surprise, and we will continue to hold him accountable to the Constitution.

'We are confident the Court of Appeals will uphold Judge Robart's well-reasoned decision halting – immediately and nationwide – the President's unconstitutional Executive Order.' 

The Friday ruling by the veteran Washington jurist, who was nominated by George W. Bush in 2004, temporarily halted Trump's order banning travelers and immigrants from seven Muslim-majority countries.  

On Saturday afternoon, after playing a round at the Trump International Golf Club near his Mar-a-Lago resort in Florida, Trump tweeted: 'Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision.'  

His post followed on from a tirade of tweets he posted that morning, warning that re-opening borders to the countries affected by the ban could lead to 'death and destruction'.

'When a country is no longer able to say who can, and who cannot , come in & out, especially for reasons of safety &.security - big trouble!' Trump tweeted on Saturday.

'Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it's death & destruction!'  

Shortly after the Department of Justice had filed the appeal Trump tweeted that Judge Robart's ruling opened up the United States again to 'terrorists'

Anger: Donald Trump then asked why lawyers were ignoring the decision taken in a Boston federal court

On Saturday afternoon, after playing a round at the Trump International Golf Club near his Mar-a-Lago resort in Florida, Trump tweeted, that the ban was a 'terrible decision' 

His post followed on from a tirade of tweets he posted Saturday morning, warning that re-opening borders to the countries could have severe consequences 

'The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!' 

Hours earlier, major airlines started allowing passengers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to fly to U.S. cities if they had valid visa documents. 

Judge Robart, who has been on the federal bench for 10 years, is known in legal circles for his community service fighting on behalf of refugees. 

But he made headlines once before when he used the phrase 'black lives matter' in a federal case concerning police brutality by the Seattle Police Department. 

According to CNN, he told a court in August 2016: 'Police shootings resulting in deaths involved 41% black people, despite being only 20% of the population living in those cities.

'Forty-one percent of the casualties, 20% people of the population -- black lives matter.'

On Saturday morning, hours after Robart's controversial decision, the State Department announced it would be reversing visa cancellations for foreigners to comply with the judge's ruling on Saturday.

At the same time, Department of Homeland Security also said it was suspending any action from the executive order.

Major airlines, including United Airlines, American Airlines, Delta, Qatar Airways, Air France, Etihad Airlines, Emirates, Spain's Iberia and German airline Lufthansa said they would allow previously banner passengers to fly to U.S. cities following the judge's ruling.

While judges have ruled against previous presidents in the past, including Barack Obama and George W. Bush, they were not known to have personally criticized judges for their decisions. 

The White House slammed the judge's ruling as 'outrageous' and vowed to appeal as soon as possible on Friday night. The temporary restraining order represents a major challenge to Trump's ban on immigrants from seven predominantly Muslim countries. 

Judge Robart made his ruling effective immediately on Friday, and Customs and Border Protection immediately alerted major US airlines that it will begin to reinstate visas.

The state's attorney general, Bob Ferguson, said: 'This decision shuts down the executive order right now. No one is above the law - not even the President'. 

It was unclear how the change in status was being received on the ground. No U.S. airports reported they were releasing travelers still held in limbo on Friday night and there were no reports of any passengers exploiting the gap. 

Going into the weekend, further chaos is undoubtedly expected as the two branches of government begin a tug of war battle over the law - with customs offices attempting to interpret directions at the center.

Executive orders are subject to legal review by a federal court when brought before a US judge. The government's bid to have the temporary restraining order reversed will now play out in court.  

Ammar Alnajjar, left, shakes hands with his cousin Fahd Alfakih after coming into New York's JFK International Airport on a flight from Istanbul, Turkey on Saturday when the immigration ban was temporarily suspended

White House press secretary Sean Spicer said in a statement late Friday night that the Department of Justice intends to halt the 'outrageous order' at the earliest possible time

The first statement from Spicer used the word 'outrageous' to describe Judge Robart's ruling (pictured)

However, a quick 12 minutes later, the White House issued another release with the same wording but removed 'outrageous' from the statement (pictured)

It took Trump's administration three hours to grasp how to address the Seattle judge's order. 

Press Secretary Sean Spicer said in a statement that the Department of Justice intends to halt the 'outrageous order' at the earliest possible time but not as soon as Friday night.

Immediately after releasing the first statement the White House issued another release with the same wording but removed 'outrageous', reported CNN. 

The State Department is working with the Department of Homeland Security to determine how it affects its operations, a State Department official said.

Until the Department of Justice wins its emergency stay, previously denied travelers could have a small window of opportunity to enter the country.

Robart, who was appointed by former President George W. Bush, made his decision after Washington state and Minnesota urged a nationwide hold on the executive order that has launched legal battles across the country.

He repeatedly questioned the federal government's lawyer, Michelle Bennett, about the rationale behind the order.

Robart asked if there had been any terrorist attacks by people from the seven counties listed in Trump's order since 9/11. Bennett said she didn't know.

'The answer is none,' Robart said. 'You're here arguing we have to protect from these individuals from these countries, and there's no support for that.' 

The judge recently became emotional in a hearing over Seattle police reform and closed with a declaration of 'black lives matter', reported The Seattle Times. 

Protesters were gathering in Washington DC and outside the White House on Saturday

Donald Trump was at his Mar-a-Lago estate in Florida when his executive order was dismantled on Friday. The president waited until Saturday to respond to the matter through his Twitter

Washington Attorney General Bob Ferguson said: 'No one is above the law - not even the President'. Upon the news of the appeal, he said he would continue to fight the ban

Pictured: The seven countries that were previously banned in Trump's executive order. These travelers can now enter the United States again 

Trump's order last week sparked protests nationwide and confusion at airports as some travelers were detained. The White House has argued that it will make the country safer. 

Judge Robart's decision was an echo of many citizen's beliefs that America has and will always welcome immigrants, including Amazon CEO Jeff Bezos who was one of the biggest advocates for lifting the ban. 

Bezos supported the lawsuit against the government that was filed in Washington, the same state as Amazon's headquarters.

Federal attorneys had argued that Congress gave the president authority to make decisions on national security and immigrant entry. 

Washington became the first state to sue, with Democrat Attorney General Bob Ferguson saying the order was causing significant harm to residents and effectively mandates discrimination. Minnesota joined the suit this week. 

Ferguson was elected to his position in November 2012 and took office in 2013. He won his re-election the following term.

He has plans to introduce legislation banning semi-automatic assault-style weapons later this year, the Seattle Times reports. 

After the ruling, Ferguson said people from the affected countries can now apply for entry to the U.S. 

Washington and Minnesota won a temporary restraining order while the court considers the lawsuit, which says key sections of Trump's order are illegal and unconstitutional.

In court, Washington Solicitor General Noah Purcell said the focus of the state's legal challenge was the way the president's order targeted Islam. 

Purcell said: 'We only challenged the parts that are actually affecting people immediately, which are the parts about refugees and the parts about targeting these seven countries.

Trump's order last week sparked protests nationwide and confusion at airports as some travelers were detained. The White House has argued that it will make the country safer

'The parts that have getting so much attention and have been causing such immediate harm to people, stranding them oversees and such, are enjoined right away.' 

He told the judge that Trump has called for a ban on Muslims entering the country, and the travel ban was an effort to make good on that campaign promise.

'Do you see a distinction between campaign statements and the executive order,' Robart asked. 'I think it's a bit of a reach to say the president is anti-Muslim based on what he said in New Hampshire in June.'

Purcell said there was an 'overwhelming amount of evidence' to show that the order was directed at the Muslim religion, which is unconstitutional.

When the Robart questioned the federal government's lawyer Bennett on the matter, she argued that the states can't sue on behalf of citizens and the states have failed to show the order is causing irreparable harm.

Robart disagreed.

Up to 60,000 foreigners from the seven majority-Muslim countries had their visas canceled because of the executive order, the State Department said Friday.

That figure contradicts a statement from a Justice Department lawyer on the same day during a court hearing in Virginia about the ban. The lawyer in that case said about 100,000 visas had been revoked.

The State Department clarified that the higher figure includes diplomatic and other visas that were actually exempted from the travel ban, as well as expired visas.

Federal attorneys had argued that Congress gave the president authority to make decisions on national security and admitting immigrants.

The lawsuit says Trump campaigned on a promise to ban Muslims from coming to the U.S. and kept up that rhetoric while defending the travel ban. 

Lawyers pointed to dozens of exhibits of speeches and statements Trump has made. 

'The executive order effectively mandates that the states engage in discrimination based on national origin and/or religion, thereby rescinding the states' historic protection of civil rights and religious freedom,' the complaint said, calling it a violation of the U.S. Constitution. 

Muslim men pray at a prayer and demonstration at JFK airport to protest President Donald Trump's Executive Order on Friday 

The lawsuit ultimately seeks to permanently block parts of the executive order that suspend immigration from the seven Muslim-majority countries, put the U.S. refugee admissions program on hold and halt entry of Syrian refugees.

Ferguson said the order is causing significant harm to Washington residents, businesses and its education system.

It will reduce tax revenue and impose significant costs on state agencies, as well as make it impossible for some state employees and students to travel, he said.

Washington-based businesses Amazon, Expedia and Microsoft support the state's efforts to stop the order. They say it's hurting their operations, too.