welcome back to the second hour of 360. topping this hour, all sides getting ready to snepeak up and make their case on president trump's travel ban. the parties submitted briefs today. let's get up to date. what's the latest? >> reporter: the states have argued that this travel ban hurts their families, hurts their businesses. but justice department lawyers argue that the judge overstepped his ruling saying that it went far beyond.

tonight justice department lawyers are trying to get a judge to reinstate donald trump's travel ban. >> we've been seeing what's going on over the last few days. we need strong programs. so that people that love us and want to love our country and will end up loving our country are allowed in. not people that want to destroy us and destroy our country. >> reporter: d.o.j.'s attorneys argue the president and not the court should make national security decisions. in part because courts do not have access to classified information about the threat posed by terrorist organizations operating in particular nations. on friday, washington state district judge james robart set off a chain of events saying that the court in minnesota --

the ruling angered trump who fired off tweets, even attacking the judge, who was appointed by republican president george w. bush. quote, the opinion of this so-called judge, which essentially takes law enforcement away from our country is ridiculous and will be overturned. and, quote, just cannot believe a judgment would put our country in such peril. if something happens, blame him and court system. but even lawmakers in trump's own party says the system of checks and balances is working as it should. >> we tonight have so-called presidents, so-called senators. >> we all want to keep terrorists out of the united states, but we can't shut down travel. >> reporter: tonight, ten high-ranking former national security officials have told the appeals court the ban would undermine the national security of the united states, endanger

u.s. troops and help isis. as the fate of the draft ban hangs in the balance, people from the seven banned countries are rushing to get in under the wire, like this somali mother and her children who landed at dulles airport. what were you feeling when you were getting on the plane? >> so scared that we would be turned back. after all the hassle, alone in the baggages, it's very hard. >> so the hearing tomorrow, what's the schedule? how's it going to work out? >> reporter: >> reportethe hearing is scheduled for 3:00 p.m. pacific time. this will include argument, and the attorneys general will have 30 minutes, and it will be the three appeals judges, three federal appeals court judges will be listening on this from the ninth circuit. so after that we'll basically work for the appeals court in the ninth circuit to make its

decision whether to reinstate the ban during the appeals process, but we expect the losing side, anderson, to appeal, which means it could go to the supreme court fairly quickly from here. >> is that something that, you know, viewers who want to listen in or that we can broadcast it or is that something that is just between the call ers and the judge? >> reporter: we just found out that it will be live streamed, 6:00 p.m. eastern, 3:00 p.m. eastern time. anyone who wants to listen in can listen in, which is pretty unique. >> thanks very much. we'll have full reporting on that tomorrow night at 8:00 on 360. washington attorney general appeared in our last hour. here's ha he h here what he had to say about how fash he plans to take it. >> if he rules against your state, i assume you're willing to take this to the supreme court. >> i'm in this for the long haul. i believe strongly, and my legal team believes strongly that the executive order is unlawful and

unconstitutional, so i view it as my duty and responsibility on behalf of the people i represent to make sure i use every legal tool at my disposal. >> back with our panel. david gergen, elizabeth foley, and professor dershowitz is with us. i want to get your reaction to what attorney general ferguson said, that he's in it for the long haul and going to take it to the supreme court if necessary. do you have any doubt this will go to the supreme court? >> i think it will go to the supreme court, and i think what will happen is he will win the first round. because i don't think the ninth circuit will undo the injunction. that would cause chaos, especially if they think they would then have to renew the ban later. so i think he's going to win the first round. on the second round he'll have a partial victory and a partial loss. they'll rule that some of the executive agreement is constitutional. some of it's unconstitutional.

and then they'll have to make a decision, whether to accept half a loaf or whether to try to appeal to the supreme court, where you get an uncertain result, because you have the 4-4 split. >> professor, do you agree with professor dershowitz, and what would that split look like of getting half a loaf? >> well, i mean, frankly, if the ninth circuit is going to abide by existing precedent, they probably should, i don't know if they will, but they certainly should kick washington's lawsuit out on the issue of standing, because the state of washington doesn't have the kind of concrete particularized injury that we normally demand in cases like this. but having said that, if the ninth circuit plays politics with this case rather than going with existing precedent, then we can accept an affirmance of the tro, which means that the trump administration would then have an interesting strategic decision, whether or not to file an emergency stay petition with the u.s. supreme court and get immediate review or go back to

judge robart and go ahead and litigate this thing on the merits. >> professor, the state of washington says that they have standing because they represent state universities in washington, which are adversely affected by this travel order. >> yeah, that's completely speculative. that kind of allegation of injury without any facts to back it up, any concrete particularized injury has never sufficed before. and i will say that the, realize that a state like washington or any other state does not have the power to adjudicate the rights of its citizens, including the faculty and the staff. if those individuals believe they have been harmed by the president's executive order, they're supposed to bring their own lawsuits. the only thing that a state would have standing to lit fate would be what are called sovereign harms, which the state of texas, for example, in the litigation involving president obama's dapa and daca

immigration orders satisfied by showing fiscal harm by the issuance of driver's licenses. but i haven't seen any allegations of facts of fiscal harm that the state of washington has proffered here. and they have the burden of proof on standing. >> do you agree with that, that the state of washington state doesn't have real standing? >> no, but i do expect that will be the big issue. there are two ways a state can have standing. one you can show a direct harm to the state, an economic interest. that's ha happened in the dapa case. texas was able to show we're going to have to pay money for driver's licenses. so we get to sue. and the fifth circuit of the court of appeals agreed with that. but there was another argument made and never ruled on. we're representing people in our states. we're representing institutions in our states. and who else is going to argue

for them? because the only other alternative is you're going to have a bunch of individual lawsuits in district courts across the country and absolutely no uniformity on this very important issue. >> but that won't apply to the person who's outside the country, the yemenite family who's never been in the country. what interest does washington state have in wlornls a family in yemen gets a tourist visa or not. so they need to have double standing. they need to show that they represent people in the state but also that the people they represent have themselves standing, and the yemenite family doesn't. that's why even if they survive standing, the government will prevail on the issue of people outside. and that's why the government in its brief essentially looked for a compromise, saying we'd be maybe willing to accept a half injunction, as long as it doesn't apply to people outside the country, but ferguson said, no, i'm not buying that. no half loaf here. >> what the attorney general of washington is saying is right,

i'm not going to make a deal at this point, and essentially the fact that the department of justice is already conceding some points and willing maybe to get half a loaf, the attorney general took as a side of strength, how do you see in. >> the fact that you talk about settlement and negotiating things, mosh of a civil lawyer role here. you're talking about whether there's a constitutionality issue, splitting the baby is not pertinent in these sort of cases. but why standing is important is the supreme court is a policy court. they're not interested in having something on first impression. they want to know that there's been a diligent and thoughtful opinion by a lower court that talks about this issue, and although judge robart has talked about the issue he has not give and full ruling on the merits of the court. until that happens, the supreme court is going, this is

interesting, but why would it come to me now. so standing is going to be the threshold, not only to figure out if it's going to be a winner tomorrow, but if the supreme court finds no standing it will never reach that. >> how unprecedented is it that a president in his first few weeks in office is in a legal battle over the constitutionality of an executive order that could end up in the supreme court and very likely will. >> it's unprecedented. but i do think we have to recall that fdr, with the new deal, began to run into judicial headaches. he got into a famous argument with the court and then tried to replace a lot of judges in his second term and failed. but the court itself changed its mind and came over to his side. it was a stitch in time save nine argument. but here, anderson, this president has plunged into this legal battle so early, that it

does pour tend a lot of legal battles ahead. and as alan dershowitz has been saying over the last few days, it brings into focus that the checks and balances of the constitution have become very important. there are guard rails. the president and the executive branch cannot go beyond certain bounds. and what you have here is a national security argument being put forward by the government as it often does, in insisting that he has, the president can do whatever the hell he likes, versus the constitutional argument about the protection of rights here in this country. i don't, i'm no authority on standing, but i do think it's woert pointing out, there are almost 100 companies, many of the biggest tech companies in this country who are arguing that this hurts them. >> right. >> and universities, there's no question of public universities being damaged by this to-ing and

fro-ing and the chaos. if the courts rule in favor of washington state, i hope that's not treated well, they're just playing politics, but if they go against washington state, well, we're present being t we're protecting the authority of the president. >> appreciate all our panelists. coming up next, reports of white house infighting and a battle over bathrobes. and why senators are holding an all-nighter. >> and if devoss's agenda was put in place. well, a 103 yeah, 103. well, let me ask you guys. how long did it take you two to save that? a long time. then it's a fortune. well, i'm sure you talk to people all the time who think $100k is just pocket change. right now we're just talking to you. i told you we had a fortune. yes, you did. getting closer to your investment goals starts with a conversation. schedule a complimentary goal planning session today.

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smoothly in the west wing. >> we're a tight group. we all live in the foxhole together. >> we'll begin might construction of a border wall. >> reporter: but's done so with chaos turning into the back ground. the president faced backlash for putting chief strategy steve bannon on the principals committee. and the rocky rollout of trump's travel ban was panned even by his close allies saying he wasn't well-served by his advisers. >> president has a structure inside the white house with three folks who are predominantly in charge of operations at the white house. mr. bannon, mr. kushner, and mr. priebus. i think anyone who looks at this knows that it could have been and should have been done better. >> reporter: wheel vice president mike pence acknowledged there were some missteps. >> we'll concede some of the

washington niceties of informing congress were not fully implemented. >> reporter: it's all part of a learning curve for trump and his team. advisers say the president didn't realize how controversial it would be to put bannon on the principals committee. and with the travel ban now embroiled in legal challenges, trump has tasked priebus with ensuring of future things go smoothly. >> reporter: tensions may put trump's gop allies in washington on edge, but there's little sign they bother the president. he tweeted, "i call my own shots", largely based on an accumulation of data, and everyone knows it. trump is often the driving force behind the cycles of chaos rather than calm that were all too common in his presidential

campaign. the big challenge for his team, moderating the of impulse to act first and deal with the fallout later. >> today the white house took aim at the "new york times" describe being the west wing as bei bei bei being turbulent. >> there were just literally blatant factual errors, and it's unacceptable to see that kind of reporting or so-called reporting. that is literally the epitome of fake news. i don't think the president owns a bathrobe, doesn't wear one. >> it's possible the president doesn't own a bathrobe now. he definitely wore them in the past. it's from a trove of 1970s photographs obtained by a collector. we don't know if donald trump owned the robe he was lounging in. it could have been a hotel robe

or one belonging to the photographer, but he is wearing one. joining us is maggie haberman who co-wrote the article and is at the heart of this bath -- i don't know, bathrobe gate. so to the new yo"new york times article that referenced this, that launched a thousand tweets about the bathrobe and comments from the white house, how do you respond to what sean spicer is saying that this is full of factual inaccuracies. >> we've asked him to talk about what these factual inacura sises are. we have not heard back. >> all he's pointed out -- >> is the bathrobe. we let the white house know what we were reporting, would have been happy to have updated the story with them say that that wasn't true later. >> you gave a heads up to the white house, this is what we're reporting and they didn't push back on it then. >> i think that the, what we end up talking about is a taday of

bathrobes, which there's plenty of presidents who have worn bathrobes, there's pictures of reagan in a bathrobe. >> this is a surreal conversation we're having. >> we're going down their path. but what we were trying to do was paint a panorama of what the white house's first two weeks have been like, we were trying to pull the camera away from who's up, who's down. >> i thought it humanized president trump in a way. i thought it was a nice profile of man in the white house adjusting to being in this new position. >> that is what we were attempting to do. and i did another story about him adjusting a couple weeks ago to life in the west wing. >> you interviewed him about the phone systems. >> and we were really attempting to give a picture and to humanize him. the problem is what i have found with president trump over the last several years is he doesn't always want to be humanized. there are certain things that he

feels a little private about or guarded about or he sees and he thinks they're intended a different way than they are. so bathrobe detail is one of many, many details but it's really describing what life is like for the most significant figure in the country. >> the adjustment problems which all white houses have them, even the lighting system. >> we thought it was sort of endearing. these people have been there literally two weeks. at the same time, they are conducting this massive shakeup of washington, which is what president trump went there to do, and he was pretty clear about that. everything he has done for the most part, he hasn't done everything he said he would do, but he has, everything he has done so far, almost everything he's done so far is something he said he would do. so they are doing this massive, seismic shift while building the plane on takeoff, and that's what we were trying to demonstrate. >> i would understand if it was a snarky article, i didn't see that at all.

it was a look at the white house and the adjustment that every president makes. >> our tone, we were attempting to be straight forward and clear and direct and show and not tell the most interesting thing that we learned on reporting what life is like. i think he is much more isolated than he is used to. he has never held elected office of any kind before, and the first office he's holding is the presidency. that's a major change, and this is a person who's spent his whole life in trump tower, not his whole life, but most of his adult life. and he's surrounded by this town in washington who he knows sort of sheer at him. and he really wants to be accepted. i was struck by the fact that he has never had a boss except for his dad. the one picture behind his desk is of his father, it was fascinating. >> it is fascinating to the extent he continues to watch coverage, read coverage. most people i know, i don't now a lot of presidents, but people who have obtained a lot of

success in their life, think don't read about themselves, because it's self-defeating. it takes away from you. >> it's circular for him, but bob costa once had a great line that trump is tv. it real shly is true. he is very, very focussed on image and always has been. >> thank you. appreciate it. just ahead, president trump's effort to scale back regulation. i'll talk to senator al franken, next. hey, it's the phillips' lady! there's a more enjoyable way to get your fiber. try these delicious phillips' fiber gogummies , a good source of fiber to help support regularity. mmm...these are great! my work here is done. phillips', the tasty side of fiber.

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welcome back. breaking news inside the senate chamber, democrats are staging a round the clock round of protests. they hope to persuade one more republican senator to change sides which would torpedo the nomination of betsy devos. sena i spoke to senator franken. i want to ask you about some of the stories in the headlines this evening. the travel ban, what do you say to people tonight who may be

overseas who have had their visas basically reinstated and are trying to figure out if they should come to the united states or even come to your state who may be confused. what do you say to them? >> well, i, i tell them that they probably are going to have to hold on. i'd like them to be able to travel. we had, you know, refugees from different places around the world that were part of this travel ban that were prevented from coming to minnesota. and we got one, a 4-year-old girl, who was scheduled to come on january 30th, the 3 0th. i believe. we got her to come from uganda. actually secretary kelly was helpful in making that happen. but we are going through the legal process now, the

adjudicative process on this, so i would say that i'm sorry that we have interrupted your life in this way. it's, i think this, this executive order actually makes us less safe as a country. i agree with senator mccain and senator lindsey graham that that just provides propaganda for isis and for jihadists. this is not america. we welcome refugees. refugees from syria are fleeing terrorism. and this is, to me, was a terrible idea and a terrible idea that was executed very badly. >> so let me ask you. you've taken a very strong stance against president trump's move to in your words take a hatchet to what you call important financial safe guards, referring to dodd-frank bill which you helped to write.

he was elected in a large part to disrupt, upend things, isn't that his prerogative? >> what he promised to do was drain the swamp. and what he promised to do was fight for the american people. and what he did was demonize wall street and goldman sachs in his last ad or video, he said there is this global conspiracy that involves wall street, and he put up this picture of the chairman of goldman sachs, now gold man sacks is sort of the minor league team for his cabinet. he said he'd be fighting for people on main street, for little people, for people who don't have the government fighting for them. he's doing exactly the opposite of what he promised to do. >> so, i mean what they're saying is look, the banks aren't lending money. we want to kind of stimulate

that. that will create new jobs. >> yeah, i know that's what he says. he says he has some really good friends that have been having trouble borrowing money, so i think i wants some rich people to be able to make more money. i think that's what he's talking about. i mean, there are some community banks that have come to me and said, you know, we, we can talk about doing this without unraveling dodd-frank, and let's remember what these lack of regulations did. it led to this financial meltdown which meant that millions of americans lost jobs. millions or hundreds of thousands of businesses went under. this, we don't want to see that again. and dodd-frank was written to make sure that it doesn't. >> senator franken, i appreciate your time, thank you. >> anderson, good talking to

you. >> the interview with senator franken went longer than that. we edited it down for time. but you can see the complete thing on our website. and a nomination could put a cabinet position in jeopardy. dayquil liquid gels don't treat your runny nose. seriously? alka-seltzer plus cold and cough liquid gels fights your worst cold symptoms plus your runny nose. oh, what a relief it is.

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hey, welcome back. on tuesday, vice president pence may perform a constitutional duty. he may have to break a 50/50 tie if the vote for education secretary betsy devos goes to that. these days he's also playing another role, defender for president trump. more on that from brianna keilar. >> reporter: vice president mike pence making the rounds this week. backing up president trump after his comments about respecting russian president vladimir putin. >> putin's a killer. >> a lot of killers. you think our country's so innocent? do you think our country's so innocent? >> reporter: pence was pressed to explain trump's comments. >> i expect he's always going to be candid with the american people. but what you have in this president is an absolute

determination to reengage the world. >> reporter: trump put this spin on the tweet about the so-called judge, as he put it who suspended the immigration ban. >> the president ever the united states has every right to criticize the other two branches of government. we have a long tradition of that in this country. >> is that a constructive way of doing that? >> i think people find it very refreshing that people understand the president's mind and how he feels about things. >> reporter: and when the president says this about iran's behavior and the nuclear deal, president obama struck. >> they circle our ships with their little boats, and they lost respect, because they couldn't believe anybody would be so stupid as to make a deal like that. >> reporter: pence translates. >> what we're seeing is hostile action, belligerent action taken by the iranians, and we're gist not going to put up with it anymore. >> reporter: the idea that he softens trump's edges is a punch

line. >> i love you, mike. >> reporter: as rung mates, trump and pence split on many issues, including this one. >> i've said before that we'll certainly accept the outcome of this election, but in the -- well, he said it in the first debate. >> and then he took it back. >> reporter: followed the next day by this. >> i will totally accept the results of this great and historic presidential election if i win. [cheers and applause] >> reporter: when audio of donald trump bragging about sexual assault surfaced. >> grab them by the [ bleep ]. >> reporter: sources told cnn pence considered dropping off the ticket, but ultimately, trump's defender in chief stood by him. >> when he said on national television he wasn't proud of it, he was embarrassed by it, i do believe that he expressed himself straight from his heart to the american people. >> reporter: pence is now leading trump's voter fraud

visi investigation. and he said it would be his honor to do so. even though there were bipartisan claims that there was no voter fraud in the election where trump lost the popular vote to hillary clinton by about 3 million votes. also breaking news just into cnn, andrew puzder has admitted to something that has sunk several other nominees in the past. my wife and i employed a housekeeper for a few years, during which i was unaware she was not legally permitted to work in the u.s. when i learned of her status we ended her employment and offered her assistance in getting legal status. he admitted he has paid back taxes. of joining me is ari fleischer, and david gergen who was an adviser to presidents, fo ford,

nixon and clinton. >> the key question is going to be when did this happen? if this happened three years ago, five years ago, he realized it at the time and took care of it at the team. it may be survivable. but if it just happened and only in the vetting for the job of secretary of labor did he catch this, it could be a fatal wound. because he was still doing it. in the past he realized that this was going on, it shun haou have been going on, and he made amends for it as a private citizen, not because he was ever going to be up for a government job. then he took care of it. he addressed it when he found out about it. but if it's current and the only reason he found out about it was he was nominated for secretary of labor, that's going to be harder. >> david, do you agree with that? >> i'm not sure i agree with that. if it happened three years ago,

five years ago, it obviously didn't happen yesterday. it should have come up in the vetting, you know. and i also think, ari, in this case, the democrats have take and lot of swings at the cabinet members and so far they've missed every one. everyone seems to be going through. so i think they'll go with particular vengeance against puzder. they want to put at least one mark on the wall if they can. but i do think it's worth remembering. i don't remember all the particulars. but listen, bill clinton lost two potential attorney generals over this issue, and two people got knocked out. and other people have gotten knocked out. so it should be no big surprise if he gets knocked out. >> ari, talk about vice president pence and his role. this notion that he's the explainer in chief, cnn's reporting the vice president pushes back on that idea. do you see his role as the standard role of a vice president, now he's been asked to look into this, you know, allegation about voter fraud, you know, which is, you know,

kind of perhaps a thankless task. >> anderson, i think in the trump white house there are no standard rules. everybody's job is more amped up and more difficult, and that's because of the personality, the nature of the president and the way the president conducts himself. look, he did not come to washington, donald trump, to be a typical politician, for which explanation is necessary. they don't speak plain english. so when trump talks about the iranians and their small boats and treating us like we're stupid. a lot of people relate to that kind of straight talk. the issue's going to be, sean spicer, for kellyanne, when donald trump tweets something that no typical politician would say, how do people raised with politics deal with it. that's why you see mike pence. >> when you listen to it, what the vice president says a lot of times, it's not agreeing with what the president has said, and it's not even necessarily

defending what the president has said, it's often saying, well, i think a lot of people, you know, view, appreciate his candor or the president speaks his mind. it's not actually saying, well, the president's right, that there's a lot of killers, or that, you know, whatever the subject may be. >> and i think he's become an enormous political asset for the president, one of the most valuable players he has in addition to his generals who are cabinet officers and tillerson at the state department. you know, he walks a very fine line, a real tightrope here. he, just as in this issue of whether russia's on the same moral plane as the united states, which that raised a lot of republicans. michael pence very carefully did not disagree with donald trump, and yet he did say, you know, that our, he didn't say we're superior so he would be disagreeing. he said our ideals are superior, our actions don't match, but our

ideals are superior. that was a very smart way of doing this, and i think that, you know, he has done more than take the edges off. i think he's given you a sense there's an adult in the room. what the puzzle is to me, he obviously has been a good defender in chief, better than the press secretary so far, but why is he not in the room when big decisions are made, where was he during the executive order drafting on the travel. that's, you know, it seems to me somebody that close in, has been so helpful really might be helpful on how you put together executive orders and other policy. >> we're going to have to leave it there. thank you. up next, the battle of repealing and replacing obamacare, a live report from capitol hill in a moment. something new has arrived. ♪ uniquely designed for the driven.

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don't pay hundreds more for taxes and fees on your wireless bill. introducing t-mobile one. now with taxes and fees included. get 4 lines of unlimited lte data for 40 bucks each. all unlimited. all in! switch to t-mobile today. president trump has pledged to repeal and replace obama care, now he says it could be a year before that happens. i understand some republicans are not happy with how the repeal has been pushed back? >> three words, time lines aren't helpful, and here's the reason why, this is the flashpoint of the early debate on how republicans are going to approach this. he made a lot of big bold promises about the time line for

repeal and replace. that time line is spacing out a little bit. it's something senator orrin hatch laid out on the senate floor today, take a listen. >> i believe there's work to replace obama care, should also begin immediately, meaning that our repeal bill should include as many obama care replacement policies as procedures allow. >> a more complete replacement can and should be crafted in the coming months as the work through -- as we work through some of the more complicated issues. >> complicated issues being the key words there, the president's time line is tracking more with reality than some of the other time lines we've seen, as we've heard repeatedly, there were a lot of promises made, and there are a lot of expectations from constituents, they would like to stay away from specific time lines, they know, it's a difficult process, a complicated process, and one that will most certainly take a lot of time. >> the heritage foundation which is a conservative think tank,

they're holding an event on wednesday where they'll be discussing why obama care must be replaced immediately. >> when you see senators take a different message. that's where you see the conflict start. the process itself, is going to be difficult enough, fights over time lines, kind of going back and forth on how long this is all go to take, that right now, when you talk to republican officials is a distraction and one that only sets them back on this difficult process. >> tomorrow night, we're going to have a fascinating debate. senators bernie sanders and ted cruz will face off, progressive versus a conservative republican. both presidential candidates will go for 90 minutes, starting at 9:00 p.m., we'll be on in the hour ahead of that. just ahead, a rocky toddler a came to the u.s. after he was

severely burned, now his parents cannot be with him as he faces more surgeries. dr. sanjay gupta has an update tonight. when you find something worth waiting for, we'll help you invest to protect it for the future. financial guidance while you're mastering life. from chase, so you can. when you hit 300,000 miles. or here, when you walked away without a scratch. maybe it was the day your baby came home.

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an update tonight on one family caught in the fallout. a toddler who has been through

more than any child should. >> last week i travelled to michigan to meet this sweet 2-year-old boy. a year ago he was living in a refugee camp when a fire struck. in her third trimester of pregnancy, dilly's mom stayed behind. when it was time for her to give birth, the dad travelled back to iraq. and left his son in the care of a kind hearten american he had just met. >> do they know how many surgeries he will need? >> they said up to a year. >> this one is the main concern. >> in december, when dilly's new baby brother was old enough to travel, they applied for his visa, so the family could

reunite with dilly. the application was denied. now, when the couple appealed the decision in january, the baby's visa was denied again and this time their visa's were revoked because they were unable to establish clearly that their stay in the united states would be temporary. >> as a parent, it's hard to imagine not being able to get to your child when they need you the most. >> sunday morning in iraq, dilly's parents are on their way back to the u.s. consulate. do they think they will get their visas this time? >> i'm hopeful. >> the united states not only has a new president, but also a new executive order. a 90 day travel ban that bars iraqi citizens from traveling to the united states. >> it's hard not knowing if they're going to give us a visa or not. we're not going for a vacation, we are going to do the surgery on our child and return back home. despite the temporary stay to

this travel ban, agile is turned away at the door, denied entry at the consulate. he's given no explanation, all part of the chaos and confusion surrounding this executive order. >> we lost our homes and our property, he says, but the most important thing is to make sure our boy is healthy. the medical coordinator for the u.k. charity road to peace has a message for american authorities. >> we hope you guys do the right thing for the sake of humanity, he says, all these children are victims of isis. asked to deliver a message directly to their son, agile says, i am hopeful we will come soon, finish up all of your operations and after that, we will return to iraq. we love you. >> this may surprise you, but the woman who's taking care of the child, she's not against the

ban. she sort of understands the ban, her family was terrorized, brutalized by isis, anything to keep isis from coming into the country is a good thing. she hopes, of course, that this family is the exception to the rule, they can make their case, what will happen if they don't, this boy will probably end up going to the u.k., and the family will try to get the operations done over there instead. he didn't go to the u.k., it was easier to get into the united states, initially, but not now. time to hand it over to don lemon for cnn tonight. the high stakes battle. the trump administration arguing tonight the ban is a legal exercise of the president's authority, that's after president trump rages against a judge who temporarily suspended his executive