Appeals Court Refuses to Reinstate Executive Travel Ban

 Posted on February 10, 2017 in Immigration

On January 27, 2017, U.S. President Donald Trump issued Executive Order 13769, entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The executive order instituted a number of changes to the nation’s policies and procedures regarding immigration and banned individuals from seven specified countries from entering the United States. The order—which has become known as a “travel ban”—prohibited entry into the U.S. for aliens from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen for a period of 90 days.

According to reports, thousands of legally-issued travel visas were canceled immediately, and hundreds of travelers from these countries were denied entry. Some were even detained by immigration authorities. Within days, Washington state filed a lawsuit against the U.S. government, claiming that the executive order was illegal and unconstitutional and asking for a temporary restraining order (TRO) that would halt the order’s enforcement. Last week, a federal judge granted the TRO finding that the travel ban was likely to be proven unlawful. The federal government filed an emergency appeal asking for the TRO to be lifted.

Ninth Circuit Court Rules

Yesterday, a three-judge panel of the federal Court of Appeals for the Ninth Circuit decided unanimously not to touch the lower court’s restraining order, leaving it in place until a full hearing can be conducted on the matter. While the President has vowed to continue the fight regarding the ban—a measure he insists is necessary to preserve national security—many around the country are relieved by the Ninth Circuit’s decision, including prominent immigration organizations.

Supporters of the ruling believe that it was the right decision on several fronts, including:

• It demonstrates the courts’ authority to review executive orders;
• The ruling clarified the standing of the states to challenge executive orders;
• The decision suggests that there are due process concerns about the terms of the travel ban;
• The government asked for the TRO to be lifted but failed to show the harm caused by the TRO; and
• National security and the free flow of travel, family relationships, and non-discriminations are all matters of public interest.

What Lies Ahead?

President Trump has indicated that he is prepared to take the matter all the way to the Supreme Court, but the chance of 4-4 split is very real, court insiders suggest. The Supreme Court consists of only eight justices at the moment, pending the confirmation of the president’s nominee Neil Gorsuch. A tie in the Supreme Court would effectively affirm the Ninth Circuit’s ruling and defeat the ban permanently.

Let Us Help

The team at Mevorah & Giglio Law Offices understands the complications that may have been caused by the implementation of the president’s travel ban. Our experienced DuPage County immigration attorneys have been helping those affected since the executive order was issued several weeks ago. Our lawyers have been leading efforts to assist detainees and stranded travelers in the Chicago region. If you or a loved one is facing issues related to the travel ban, call 630-932-9100 for a free consultation today.