On February 9, 2017, in a unanimous decision, a three judge panel on the Federal Court of Appeals of the 9th Circuit denied the U.S Government’s motion to stay (i.e. remove) the Temporary Restraining Order (TRO) on Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States”. The TRO prevents nationwide application of one of the key parts of the Executive Order that bans individuals from seven countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) from entering the United States for 90 days. The 9th Circuit’s decision comes one day after oral arguments were heard and streamed live from the court’s website.
The TRO in question was issued on February 3, 2017 by a Washington State federal district court as a result of a lawsuit filed by the State of Washington. The lawsuit alleged that this Executive Order (EO) unconstitutionally and illegally stranded its residents abroad, split their families, restricted their travel, and damaged the State’s economy and public universities in violation of the Constitution, the Immigration and Nationality Act, and other laws. Washington also filed an emergency motion for a temporary restraining order (TRO) seeking to enjoin (i.e. prevent) the enforcement of sections of the EO, including the aforementioned ban. In response to TRO, the U.S. Government appealed to the 9th Circuit to stay or at least limit the TRO. Today, the 9th Circuit denied the U.S. Government’s request by neither staying nor limiting the TRO.
We will continue to monitor future developments, including whether the U.S. Government is successful in appealing the 9th Circuit’s decision to the U.S. Supreme Court. Nevertheless, nationals from the seven listed countries should still speak with their Jackson & Hertogs attorney prior to traveling into or out of the United States.
