Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented on a national basis. The TRO was issued based on Judge Watson’s determination that the new Executive Order violated the Constitution’s First Amendment protections against religious discrimination and relied heavily on statements made by President Trump on the campaign trail and statements by Trump policy advisor Stephen Miller that the intent of the ban is to ban Muslims. President Trump vows to fight the ruling to the Supreme Court. Next stop: 9th Circuit Court of Appeals!

For other recent content from the Mintz Levin Immigration Practice, click here.

On March 6, 2017, President Trump signed a new Executive Order (“EO”), Protecting the Nation from Terrorist Attacks by Foreign Nationals, revoking the prior EO 13679 signed on January 27, 2017. EO 13679 included, among other provisions, a 90 day suspension of U.S. visa issuance and entry into the U.S. for individuals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. EO 13679 also suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, suspended Syrian refugee admissions indefinitely, and reduced the number of refugee admissions to 50,000 during Fiscal Year 2017.

EO 13679 was successfully challenged in the federal courts and enforcement of portions remain halted. See our previous alerts relating to EO 13679 and subsequent updates here. This new EO is more narrowly drawn than EO 13679, restricting travel for individuals from certain countries identified as posing potential national security risks.

The March 6 Executive Order, which will become effective on March 16, 2017, revokes EO 13679 and implements a host of measures. To review these measures, click here to read our full alert.

On February 9, 2017, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled unanimously against the Government’s emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the implementation of major portions of President Trump’s January 27th Executive Order. (See our previous alerts on the order here, or click here to view a video featuring Susan Cohen, Chair of Mintz Levin’s Immigration Practice.)  Therefore, the TRO remains in effect and travel to the U.S. by individuals from the seven designated countries is governed by the same laws as existing before the Executive Order.

To read the full alert, click here.