However, Trump has said he would replace the measure with a modified version.
The Justice Department announced the move in a brief filed with the Ninth Circuit Court of Appeals in San Francisco.
It said the new order would address complaints from a three-judge panel that parts of the order were unconstitutional.
“Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns,” the statement read.
Recall that barely a week in office, President Trump approved some executive orders that include visa denial for citizens of Syria and six other middle eastern and African countries.