A San Francisco appeals court will hear arguments Tuesday on whether to allow immigration authorities to resume enforcing President Donald Trump’s executive order blocking some non-citizens from entering the U.S.

The executive order was halted Friday by Seattle-based U.S. District Court Judge James Robart, who issued a temporary restraining order blocking Trump's order nationwide after the states of Washington and Minnesota sued.


Hundreds of travelers who are citizens of seven Muslim-majority countries singled out under the Trump directive have returned to the U.S. since Robart’s order was issued.

The Department of Justice challenge to Robart's decision will be heard by 9th Circuit Court of Appeals Judges William Canby Jr. (a Jimmy Carter appointee), Richard Clifton (a George W. Bush appointee) and Michelle Friedland (a Barack Obama appointee).

Many experts expect the 9th Circuit to turn down the Trump administration’s stay request, perhaps on technical grounds that the motion is premature due to the temporary nature of the relief issued Friday.

If the federal government's stay motion is rejected by the 9th Circuit, the Justice Department could take a similar motion to the U.S. Supreme Court.

The fact that the Supreme Court is shorthanded at the moment with only eight justices adds to the complexity the Trump administration faces in escalating the battle to the justices right now. If the Court were to deadlock 4-4 on the administration's stay request, the 9th Circuit’s decision would remain in force.

If the Supreme Court doesn’t step in, the restraining order would remain in effect and the case before Robart would move forward with scheduled hearings. It’s possible the federal government could appeal again to the 9th Circuit if Robart grants a preliminary injunction.

Even if the Supreme Court were to step in and lift Robart's restraining order, other similar cases are pending in other courts around the U.S.—which means a judge in another jurisdiction could step in and issue a similar nationwide block on Trump's policy, starting the process over again and keeping the administration's executive order on hold.