UPDATE: Revised Trump Ban on Immigration Temporarily Blocked Nationwide
On March 15, 2017, the eve before the effective date of the Trump Administration’s Revised Executive Order, a federal judge of the U.S. District Court in Honolulu, Hawaii issued a nationwide temporary restraining order blocking implementation of the travel ban. On the same day, a second federal judge in the State of Maryland also issued a nationwide preliminary injunction enjoining key parts of the Revised Executive Order. Similar to its January 29, 2017 predecessor, the Revised Executive Order, signed on March 6 2017, temporarily imposes travel restrictions on citizens of six designated countries in an effort to enhance the screening and vetting protocols and procedures necessary to prevent the entry of foreign terrorists. As the federal courts issued orders temporarily blocking enforcement of the Revised Executive Order, the Ninth Circuit Court of Appeals issued an order to deny en-banc reconsideration of its decision to stay the earlier version of the Executive Order signed on January 29, 2017. Of particular note is the dissenting opinion by five Republican-appointed judges on the Ninth Circuit Court of Appeals. The judges criticized the three-judge panel in enjoining the initial travel ban and voiced support of the President’s authority to issue the Executive Order. To date, the federal government has yet to file an appeal of the orders issued by Hawaii and Maryland with the Ninth Circuit Court of Appeals. In light of the recent dissenting opinion by the Court, it will be interesting to see the outcome of an appeal. We will continue to provide you updates on this matter.