{"id":2567,"date":"2017-03-16T12:46:06","date_gmt":"2017-03-16T16:46:06","guid":{"rendered":"https:\/\/borderslawfirm.com\/?p=2567"},"modified":"2021-09-15T13:55:37","modified_gmt":"2021-09-15T19:55:37","slug":"update-on-u-s-president-trumps-travel-ban-nationwide-temporary-restraining-order","status":"publish","type":"post","link":"https:\/\/borderslawfirm.com\/update-on-u-s-president-trumps-travel-ban-nationwide-temporary-restraining-order\/","title":{"rendered":"Update on U.S. President Trump\u2019s Travel Ban: Nationwide Temporary Restraining Order"},"content":{"rendered":"

Two key sections of the travel ban \u00ad\u2013 the ban on entry for nationals of the six designated countries and the restrictions on refugees \u2013 will not take effect today.\u00a0 On March 15, 2017, two federal judges issued nationwide temporary restraining orders to block the implementation of U.S. President Trump\u2019s \u201cExecutive Order Protecting the Nation from Foreign Terrorist Entry into the United States\u201d before it could come into effect today, March 16.[1]<\/a><\/p>\n

The first nationwide temporary restraining order (TRO) was issued by United States District Judge Derrick K. Watson at the federal court in Honolulu, Hawaii, in the case State of Hawaii et al. v Trump et al.<\/em>\u00a0 The TRO covers not only Section 2 of the Executive Order, which contains the provisions enacting a temporary suspension of entry for nationals of six designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) but also covers Section 6, which includes limits on the U.S. Refugee Admissions Program for the fiscal year 2017.[2]<\/a>\u00a0 Judge Watson held that the Executive Order violates the religious establishment clause of the U.S. Constitution, and declared in strong language that \u201cthe illogic of the government\u2019s contentions is palpable…It is a discriminatory purpose that matters, no matter how inefficient the execution.\u201d[3]<\/a>\u00a0 His decision invoked President Trump\u2019s public comments as evidence of discriminatory purpose.<\/p>\n

President Trump\u2019s reaction to the first TRO was to declare that Judge Watson had displayed \u201cunprecedented judicial overreach,\u201d and said that his administration would appeal the ruling to the United States Supreme Court because \u201c[t]he need for my executive order is clear.\u201d[4]<\/a><\/p>\n

Several hours after Judge Watson issued his order for a TRO, United States District Judge Theodore D. Chuang issued a similar ruling in Maryland.\u00a0 While he declined to block the entire Executive Order from going into effect, he ruled that Section 2, which aimed to suspend entry into the U.S. for nationals of the six designated countries, could not be enforced.[5]<\/a><\/p>\n

Therefore for the moment, the travel ban sections barring entry for nationals of the six designated countries and limiting the number of refugees admitted into the United States for the fiscal year 2017 will not come into effect today. While the current TRO is, of course, temporary, it remains to be seen whether the full travel ban will come into effect at a later date.\u00a0 Judge Watson has stated his intention to hold an expedited hearing to determine whether the nationwide TRO should be extended.[6]<\/a>\u00a0 It is therefore possible that if such an extension is granted, and if the legal challenges in Hawaii and Maryland are ultimately successful and upheld on appeal, the Travel Ban 2.0 – a source of unimaginable fear, worry, and anger for so many \u00ad\u00ad- may be never take effect at all.<\/p>\n

 <\/p>\n

The full text of Judge Watson\u2019s order issuing a nationwide Temporary Restraining Order is available online directly from the federal court in Hawaii: http:\/\/www.hid.uscourts.gov\/files\/announcement142\/CV17-50%20219%20doc.pdf<\/a>.<\/p>\n

The full text of Judge Chuang\u2019s memorandum opinion and order is available online directly from the federal court in Maryland: http:\/\/www.mdd.uscourts.gov\/news\/international-refugee-assistance-project-et-al-v-donald-j-trump-et-al-tdc-17-0361-2017-03<\/a><\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

[1]<\/a> Alexander Burns, \u201c2 Federal Judges Rule Against Trump\u2019s Latest Travel Ban,\u201d New York Times<\/em>, March 15, 2017, https:\/\/www.nytimes.com\/2017\/03\/15\/us\/politics\/trump-travel-ban.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=span-ab-top-region&region=top-news&WT.nav=top-news<\/a>.<\/p>\n

[2]<\/a> American Immigration Lawyers Association (AILA), \u201cHawaii District Court Stops Implementation of March 6, 2017 Travel\/Refugee Ban,\u201d March 15, 2017, AILA Doc. No. 17020631, \u00a0http:\/\/www.aila.org\/infonet\/documents-relating-to-state-of-hawaiis-challenge<\/a>.<\/p>\n

[3]<\/a> Timothy Hurley, \u201cTrump vows to appeal travel ban ruling by federal judge in Hawaii,\u201d Honolulu Star Advertiser, <\/em>March 16, 2017, http:\/\/www.staradvertiser.com\/2017\/03\/15\/breaking-news\/hawaii-in-federal-court-to-challenge-trumps-travel-ban\/<\/a>.<\/p>\n

[4]<\/a> Ibid<\/em>.<\/p>\n

[5]<\/a> Supra<\/em>, note 1.<\/p>\n

[6]<\/a> Supra<\/em>, note 3.<\/p>\n","protected":false},"excerpt":{"rendered":"Two key sections of the travel ban \u00ad\u2013 the ban on entry for nationals of the six designated countries and the restrictions on refugees \u2013 will not take effect today.\u00a0 On March 15, 2017, two federal judges issued nationwide temporary restraining orders to block the implementation of U.S. President Trump\u2019s \u201cExecutive Order Protecting the Nation… View Article<\/a>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[16],"tags":[20,21,22],"acf":[],"_links":{"self":[{"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/posts\/2567"}],"collection":[{"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/comments?post=2567"}],"version-history":[{"count":0,"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/posts\/2567\/revisions"}],"wp:attachment":[{"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/media?parent=2567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/categories?post=2567"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/borderslawfirm.com\/wp-json\/wp\/v2\/tags?post=2567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}