On March 15, 2017, a federal district court in Hawai’i granted a Temporary Restraining Order (TRO) preventing nationwide application on two of the key sections of Executive Order No. 13780 entitled “Protecting the Nation From Foreign Terrorist Entry Into The United States.” This new Executive Order was to take effect on Thursday, March 16, 2017, and was drafted in response to litigation on the previous Executive Order (i.e. No. 13769) affecting nationals from seven (7) countries (i.e. Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). A summary of this order can be found here.
The two sections restrained by the TRO are Section 2 and Section 6. Section 2 of Executive Order 13780 aimed to suspend nationals from six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) from entering the United States for 90 days who: (1) are outside the United States on the new Executive Order’s effective date of March 16, 2017; (2) do not have a valid visa on that date, and (3) did not have a valid visa as of 5:00 p.m. Eastern Standard Time on January 27, 2017 (the date of the prior Executive Order, No. 13,769).
Section 6 of the Executive Order 13780 aimed to suspend the U.S. Refugee Admissions Program for 120 days, applying to both those traveling into the United States (other than those already scheduled for transit prior to the effective date), and to decisions on applications for refugee status for the same period.
Also on March 15, 2017, the Ninth Circuit Court of Appeals issued an order denying en banc reconsideration of the previous Executive Order (i.e. No. 13769). The order was accompanied by a dissent by five judges which expressed that the Executive Order was within the powers of the presidency.
President Trump has indicated he intends to appeal the TRO to the Supreme Court.
We will continue to monitor future developments. 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.
