WATCH | Opponents of Donald Trump's original executive order that put a pause on immigration for certain countries are gearing up for round two.
President Trump’s first executive order that hit the pause button on immigration from seven Muslim majority countries didn't go over so well with Americans and the judicial system. Now his team is promising a tighter, more streamlined version of the first executive order in an effort to keep the country safe. But will it get over the legal challenges?
The president doesn’t want a repeat of the chaos that ensued following the executive order, but his opponents are ready to fight similar proposed legislation.
The ACLU fought the first executive order in the courts.
Groups that filed lawsuits against Trump's original executive order -- which temporarily banned people from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen for 90 days, all refugees for 120 days, and refugees from Syria indefinitely-- are ready for a legal rematch.
"That show of resistance to the executive order is great," Victoria Roeck of Yale's Worker & Immigrant Rights Advocacy Clinic, which challenged the first order in courts told Circa. "Our legal efforts is only part of the puzzle here."
The first executive order raised a trove of legal questions, such as how the legislation would affect green card holders and those who had US visas.
The redraft will have to tackle the two issues that got the first stuck in courts.
“One is that it violated the due process of people who already had visa," George Mason University law professor Ilya Somin said. "The second is that the order was motivated by religious discrimination.”
Trump may overcome the due process problem by allowing those with visas to enter, as indicated by official comments about the new executive order and drafts of it circling in the media. However, dealing with the issue of religious discrimination is could be tougher due to his statements on the campaign trail.
“Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States," Trump said at a December 2015 rally.
While the Justice Department has argued that the president does have far reaching latitude when it comes to immigration policy, the Constitution prohibits the government from favoring or disfavoring a religion relative to others.
“As long as this order is closely linked to the original plan for a Muslim ban," Somin said. "There will always be the argument that it is motivated by religious discrimination.”
The administration said the aim of the order, to protect national security, isn’t a Muslim ban because it doesn’t target all Muslims.
“The courts could potentially go either way on that,” Somin said.
But only time will tell if the latest attempt at an immigration pause will be successful.