The Ninth Circuit's decision to affirm that order, it should be noted, was a bold move, because the Supreme Court previously stayed this order benefiting refugees, pending further review by the Ninth Circuit.
The appellate ruling would allow refugees to enter the United States if a resettlement agency in the USA had agreed to take them in.
As per Justice Anthony Kennedy, a part of the decision lies in a court of Hawaii that is due on Tuesday, September 12. Such a relationship can arise from a close family member in the United States, or from something like a job offer from an American company or an offer of admission to an American university.
Justice Department lawyers asked the high court Monday to allow authorities to keep up a block on many refugees covered by Trump's ban.
Yet the Justice Department hasn't given any indication of awareness that the court might well dismiss the case without deciding whether the ban is legal.
Last week, a federal appeals court panel weighed in, deciding that the administration could block neither grandparents nor refugees with assurances.
Permitting the ban to expire would let the administration save face while avoiding the risk of a damaging Supreme Court decision that could not only strike down the order but also place lasting constraints on presidential power over immigration and national security.
It's not clear what the Justice Department hopes to gain by appealing this injunction against Trump's executive order, as the Supreme Court was already set to hear arguments on the ban's legality on October 10.
The administration told the court Monday said that changing the way it enforces the policy on refugees would allow "admission of refugees who have no connection to the United States independent of the refugee-admission process itself".
The travel ban bars people from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the US.
The court, however, left the door open for opponents of the ban to file their arguments against it by midday Tuesday, paving the way for yet another reversal on the status of possible refugee arrivals.