The States’ claims {violation of 1st} raise serious allegations and present
significant constitutional questions. In light of the sensitive
interests involved, the pace of the current emergency
proceedings, and our conclusion that the Government has
not met its burden of showing likelihood of success on
appeal on its arguments with respect to the due process
claim, we reserve consideration of these claims until the
merits of this appeal have been fully briefed.

Even if the claims based on the due process rights of
lawful permanent residents were no longer part of this case,
the States would continue to have potential claims regarding
possible due process rights of other persons who are in the
United States, even if unlawfully, ..; non-immigrant visaholders who have been in the
United States but temporarily departed or wish to
temporarily depart, .. refugees,..and applicants who have a
relationship with a U.S. resident or an institution that might
have rights of its own to assert, Accordingly, the Government
has not demonstrated that the States lack viable claims based
on the due process rights of persons who will suffer injuries
to protected interests due to the Executive Order. Indeed,
the existence of such persons is obvious.