Travel Ban Update: Courts Stop Implementation of President Trump’s New Executive Order
Santucci Priore, P.L.’s immigration law department is committed to keeping the public up to date on President Trump’s executive orders that include travel bans now targeted to travelers from six (6) different countries, and any countries that are added to that list. The updates will include full text of the pertinent orders and other legal documents so that our immigration clients and other followers have the direct information, free of media spin from either side of the political spectrum. Stay tuned to www.500law.com and our firm’s Facebook and Twitter profiles.
The Latest Report and Background:
According to the Courts, the changes made to President Trump’s new Executive Order were not enough. Specifically, on March 15, 2017, a Federal District Judge in Hawai’i blocked President Trump’s Second Travel Ban Order, only six (6) hours before it went into effect. The Court’s Temporary Restraining Order blocks President Trump from implementing sections 2 and 6 of the new Executive Order. Section 2 is the portion of the Executive Order that calls for Temporary Suspension of Entry for Nationals of Countries of Particular Concern During Review Period. This is the portion of the Executive Order that specifies the amount of time in which nationals from the 6 specified countries will be denied entry into the U.S (if they do not meet any of the exceptions). Section 6 addresses the suspension on entry into the United States by refugees. The Trump Administration will not be able to implement these portions of the Executive Order at this point, unless the United States Circuit Court of Appeals for the Ninth Circuit or the Supreme Court enter a stay of the Temporary Restraining Order while the proceedings continue. The Court’s Order is focused on the constitutional issues with the Executive Order and finds that the new Executive Order still violates the Establishment Clause. (For a further explanation of said constitutional issues see the complete text of the United States District Court for the District of Hawai’i below).
Another Federal District Judge in Maryland temporarily blocked part of the new Executive Order as well. The Plaintiffs in this action consist of nonprofit companies that work with refugees as well as a group of individual visa holders who allege that they’ve experienced stigma from the president’s actions and would be separated from family trying to travel to the United States once the order takes effect. The Plaintiffs sought a nationwide injunction stopping the order from taking effect in its entirety. The Court declined to grant such broad relief and granted the Plaintiffs’ Motion in part and denied it in part. The Court granted the Plaintiffs’ Motion as to the implementation of section 2(c) of the Executive Order, the section of the Executive Order that specifically states the name of six Muslim countries whose nationals will be denied entry into the U.S for the ninety (90) day period. The Court reasoned that Plaintiffs are likely to be able to establish that Section 2(c) of the Executive Order violates the Establishment Clause. The Court also issued a nationwide injunction on this matter because the Plaintiffs are located in different parts of the United States, indicating that nationwide relief may be appropriate. (For a further explanation of the scope of injunction see the complete text of the United States District Court for the District of Maryland below).
Plaintiffs also requested an injunction against the implementation of President Trump’s Executive Order for the sections relating to the temporary ban on refugees, alleging that they believe that it also offends the Establishment Clause. However, the Court did not believe Plaintiffs met the burden to warrant the entry of an injunction against these sections at this time. As for the remaining portions of the President Trump’s Executive Order, the Court has found that the Plaintiffs have not provided a sufficient basis to establish their invalidity.
Judge Robart, the Judge who issued the Order for the stay on the implementation of the President Trump’s original Executive Order, has been requested to enforce his prior injunction against the new Executive Order but no hearing has been scheduled for this request.
As a precautionary method, it is important to seek the advice of counsel, if the Executive Order has or may impact you or your family in any way. Solita Cochron from Santucci Priore, a veteran United States immigration clerk and attorney in Venezuela, along with the firm’s attorneys, are standing by to offer assistance to those who are confused or concerned and anyone else, with lawful motives, who is seeking to enter or become a legal resident or citizen of our United States of America. Santucci Priore is offering assistance to clients with the following U.S. immigration issues: Family-based immigration, asylum, citizenship, naturalization, change of status, as well as permanent employment and inventor visas. The firm is also, for a limited time, offering, pro-bono (free), immigration advice and assistance to anyone that is or has been affected by President Trump’s Executive Order, and any future modified version of the Executive Order.
By: Jessica Maxey, Law Clerk
SANTUCCI PRIORE, P.L.
J.D. Candidate, May 2017
Click here for the text and an explanation of the Second Executive Order.
THE FULL TEXT OF THE UNITED STATES DISTRICT COURT OF HAWAI’I
THE FULL TEXT OF THE UNITED STATES DISTRICT COURT OF MARYLAND