The official said the administration plans to defend the order on its merits before a federal district court instead.
Trump’s executive order restricted travel for foreign nationals from seven majority-Muslim countries.
Last week, U.S. Judge James Robart issued a temporary restraining order, shelving enforcement of the president’s executive action. On Thursday, the Trump administration was dealt a setback when a panel of three judges unanimously upheld a suspension of the action in a federal appeals court.
After the Thursday ruling, Trump told NBC it was a “political decision,” echoing comments he made at a law enforcement conference earlier this week. The president expressed confidence that his administration would ultimately win this legal fight.
This story is developing. Please check back for further updates.