Update on President Trump’s Travel Ban

Update on President Trump’s Travel Ban

By: Bernard Wolfsdorf, Esq. and Joseph M. Barnett, Esq.

On Friday, February 3, 2016, the U.S. District Court for the Western District of Washington issued a nation-wide Temporary Restraining Order (“TRO”) against President Trump, and certain government agencies and officials acting under him, temporarily stopping the U.S. government from enforcing President Trump’s Executive Order on immigration of January 27, 2017.  The court ruled that the TRO should be on a nationwide basis to ensure that U.S. immigration laws are implemented uniformly.

On Saturday, February 4, 2017, the Trump Administration declared it was appealing the decision with an emergency motion to the 9th Circuit Court of Appeals and requested an immediate administrative stay pending full consideration of the emergency motion.  However, on Sunday, February 5, 2017, the appeals court denied the request for an immediate reinstatement of the Executive Order.

In opposition to the U.S. government’s emergency motion, the State of Washington submitted a joint declaration from former national security, foreign policy, and intelligence officials in the U.S. government, such as former Secretary of State Madeleine K. Albright; former Secretary of State John F. Kerry; Leon E. Panetta, former Secretary of Defense and former Director of the Central Intelligence Agency; and Susan E. Rice, former National Security Advisor and former U.S. Representative to the United States, indicating that the Executive Order will harm the interests of the United States.  This joint declaration provides additional concerns regarding the lack of rational basis behind, and unprecedented scope of, the Executive Order which suspends admission for such a broad class of people.

The U.S. government’s reply in support of the emergency motion is due today, Monday, February 6, 2017 at 3:00pm PST.  We expect the 9th Circuit Court of Appeals to make a decision on the emergency motion soon thereafter. You can review documents filed in this case from the timeline below.

Additionally, the U.S. Department of State (“DOS”) has provided an update on the provisionally revoked valid visas of nationals from last week.  The DOS has indicated that “provisional revocation is now lifted, and those visas are now valid for travel to the United States, if the holder is otherwise eligible.”  The DOS directs individuals whose visas are expired, or were physically cancelled, to apply for a new visa at a U.S. embassy or consulate, absent a Customs and Border Protection (CBP) decision to grant parole or waive the visa requirement at the port of entry.

By | 2017-02-06T22:38:22+00:00 February 6th, 2017|Uncategorized|Comments Off on Update on President Trump’s Travel Ban

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