New Travel Ban/Executive Order Stayed by Courts

By Melina LaMorticella, Turid Owren, and Alan Perkins

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks enforcement of two key provisions of the new EO:

1. Section 2 of the EO that attempted to temporarily prohibit nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States (the "travel ban") is blocked.
2. Section 6 of the EO that attempted to temporarily suspend the U.S. Refugee Admissions program for 120 days is blocked. 

Plaintiffs, the State of Hawaii and Dr. Ismail Elshikh, challenged the constitutionality of the EO, claiming it violates the Establishment Clause of the First Amendment and the equal protection guarantee of the Fifth Amendment's Due Process Clause, and discriminates on the basis of nationality. In granting the temporary restraining order, the Court concluded that the Plaintiffs were likely to succeed on the merits and that irreparable injury would likely occur if the EO were not enjoined.

The U.S. District Court for the District of Maryland also issued an injunction barring enforcement of Section 2 of the new EO, identifying nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen as being subject to the travel ban.

The Trump Administration is appealing the court orders. While the appeals are pending, the temporary restraining order and injunction remain in effect.

In response to the court orders, the U.S. Department of State has suspended implementation of the EO. U.S. embassies and consulates are continuing to process visas for nationals of Syria, Iran, Libya, Somalia, Sudan, and Yemen.

Tonkon Torp will provide updates on new Executive Orders, regulations, and changes in law and policy that affect business immigration.

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.