Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017
February 6, 2017
As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued on January 27, 2017 (Executive Order). The temporary restraining order temporarily stops the federal government from barring the issuance of visas to, and entry of, individuals based solely on the fact that they are from the countries of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
In response, on February 4, 2017, the Trump Administration filed an emergency motion for administrative stay and motion for stay pending appeal with the United States Court of Appeals for the Ninth Circuit (Ninth Circuit). That same day, the Ninth Circuit denied the Administration's motion for an immediate administrative stay. Additionally, the Ninth Circuit required filings to be submitted for review by the parties (the States of Washington and Minnesota, and the federal government), due today, February 6, 2017.
The appeals process is moving forward. Note that the legal issues have yet to be substantively reviewed in full by the courts. As a result, international travel requirements will likely be changing in the near term for people from affected countries.
Here is the current business immigration impact as of the time of this posting:
- Visas. The U.S. Department of State has confirmed that all provisionally revoked visas as a result of the Executive Order have been reversed, and are valid for travel.
- Entry. U.S. Customs and Border Protection (CBP) is resuming usual inspection and processing of applicants from the affected countries for admission to the United States under standard procedures.
- Visas Physically Cancelled Last Week. CBP has also confirmed to the American Immigration Lawyers Association (AILA) that individuals whose visas were physically cancelled last week in response to the Executive Order will not need to apply for a new visa, provided there were no other eligibility issues, and will be asked to complete Form I-193 (Waiver of Visa or Passport Requirement) on application for admission.
Tonkon Torp will provide ongoing updates on immigration law and policy changes impacting U.S. employers and their employees.
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration practice group, or the attorney with whom you normally consult.