Source: White House likely to take immigration case back to lower court

The Trump administration is looking at taking the 9th Circuit Court of Appeals decision on Trump's immigration order back to the lower court, a White House source told Fox News Friday -- although it has not ruled out challenging the decision in the Supreme Court.

The court's three-judge panel on Thursday upheld a Seattle district judge's temporary restraining order against President Trump's controversial order, which imposes a travel ban on immigrants from seven terror hotspots.

The White House source told Fox News late Friday that they are not likely to appeal the case to the Supreme Court, instead choosing to fight the order in the district court. However, the White House later clarified that they could still take the case to the high court.

The 9th Circuit Appeals Court meanwhile has asked both parties in the case to submit briefs on whether the case should be reconsidered by the larger 11 judge panel on the court.

Trump also told reporters Friday that he is considering signing a new order, saying “we also have a lot of other options, including just filing a brand new order.”Trump said on Air Force One that a new order would likely change “very little” and if he chooses to act, he will on either Monday or Tuesday.

In their unanimous decision, the 9th Circuit judges refused to reinstate Trump's immigration order and rejected the government’s position that such presidential decisions on immigration policy are “unreviewable.”

The decision does not end the court fight, but dealt a severe setback to the president’s bid to restrict immigrants and refugees coming in from what the administration views as potentially dangerous countries.

After the court ruling, the administration has the option to

  • Take the case to the Supreme Court   
  • Allow the case play out in the lower district court in Seattle   
  • Petition for review by the full 11 judges on the 9th Circuit Court of Appeals.   
  • Rewrite the executive order

The White House source told Fox News that the White House is unlikely to appeal the decision to the Supreme Court, instead choosing to fight the case in the U.S. District Court in Seattle on the merits of the executive order.

Fox News’ John Roberts and The Associated Press contributed to this report.