Washington (CNN)-The Trump administration is taking another crack at rewriting its embattled travel ban this week, hoping this one will stand up in court.
Multiple federal courts across the country have granted requests to temporarily halt enforcement of the President's executive order barring foreign nationals from Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen from entering the country for 90 days, all refugees for 120 days and all refugees from Syria indefinitely.
Homeland Security Secretary John Kelly said over the weekend that the White House is working on a "tighter, more streamlined version of the first executive order."
But how exactly the administration plans to thread the needle between its travel ban and complying with the rights enshrined in the Constitution remains to be seen.
Here are the five main questions that could determine whether the new order will withstand legal challenges:
The tumultuous rollout of Trump's travel ban last month -- chaos at airports, lack of guidance to front-line employees, no congressional understanding of the executive order -- did not go unnoticed by the federal judiciary.
As US District Court Judge Leonie Brinkema remarked at a hearing in Virginia earlier this month: "It's quite clear that ... not all the thought went into it that should have gone into it. As a result, there has been chaos."
The 9th Circuit Court of Appeals further explained that the Justice Department failed to show that the executive order "provides what due process requires, such as notice and a hearing prior to restricting an individual's ability to travel."
Kelly said this time around, the Department of Homeland Security would ensure that "there's no one, in a sense, caught in the system of moving from overseas to our airports, which happened on the first release," and "short phase-in period to make sure that people on the other end don't get on airplanes."
But how "short" is too short for the process that is due under the Constitution?
The original executive order suspended citizens from Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen from entering the US for 90 days and barred refugees from Syria indefinitely.
But the 9th Circuit noted that the Trump administration "pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States."
"The defendants have responded with no evidence other than the (executive order)," Brinkema similarly noted in her opinion last week.
Will the Justice Department attempt to bolster the record about the threat posed by terrorist organizations operating in particular nations this time around?
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