The Department of Justice is defending President Trump's travel ban.

FOX's Jessica Rosenthal reports from Los Angeles:

The Department of Justice argues that the President's executive order is well within the authority the President has over the entry of aliens and refugees into the country. That his order specifically applies to people from countries that have a previously identified link to an increased risk of terrorist activity.

Furthermore, the DOJ filing says states had no standing to sue here, in this case it was Washington State and that a visa does not give a foreign national the right to enter. The DOJ filing also says that Congress gave the President the ability to suspend the entry of "any class of aliens."

The Washington judge's temporary ruling which stopped the President's order is still in place, but the Ninth Circuit Court of Appeals is asking that both sides give arguments over the phone Tuesday at 6 PM Eastern.

Jessica Rosenthal, FOX News.

Follow Jessica Rosenthal on Twitter: @JessicaFOXNews