Donald Trump is asking the US Supreme Court to have the final say on whether his revised travel ban should stand.
Last week, a federal appeal court dealt his troubled executive order a fresh blow by ruling against it.
The revised ban replaced the original ban which caused widespread chaos at airports around the world and was quickly blocked by US courts.
But the revised ban has never been fully implemented as state courts have also deemed it unconstitutional.
The ban targets people who want to travel to the US from six mainly-Muslim countries.
It aimed to stop people from Iran, Libya, Somalia, Sudan, Syria, and Yemen travelling to the US for 90 days.
On 25 May, the 4th US Circuit Court of Appeals in Richmond, Virginia, said EO-2, as the court dubbed it, was indeed unconstitutional, and backed the state courts.
The chief judge in his ruling said he believed lawyers would have a good chance of proving that Mr Trump was motivated by religious ill feeling when he signed the order.
Chief Judge Roger Gregory wrote: "We find that the reasonable observer would likely conclude that EO-2's primary purpose is to exclude persons from the United States on the basis of their religious beliefs."
The Justice Department is now arguing that the federal appeals court made several mistakes in ruling against the Trump travel policy.
The government claims the nation will be safer if the policy is put in place.
Department spokeswoman Sarah Isgur Flores said the government will be arguing the ban is lawful.
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