Published on February 10, 2017
On February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Government’s request to lift the lower court’s temporary restraining order (TRO) of the President’s Executive Order banning entry into the U.S. of individuals from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen).
The Court held that the Government was not likely to win on an appeal of the TRO as the Government had not presented evidence that lifting the TRO and reinstating the travel ban would irreparably harm the Government. Additionally, the Court found that the State of Washington and the State of Minnesota (the plaintiffs) had a viable constitutional due process claim, and the Court recognized that the States’ religious discrimination claims raised “significant constitutional questions.”
The Government argued that the Executive Order and the President’s authority over immigration and national security policies were unreviewable. The Court rejected this argument and held that the judicial branch has the authority to review constitutional challenges to the President’s immigration policy, including issues of national security.
The Court found that the public interest considerations of “free flow of travel, avoiding separation of families, and [in] freedom from discrimination” outweigh the public’s interest in national security and the President’s ability to enact policies.
As of Friday, February 10th, a judge on the Court of Appeals made its own motion that a vote be taken to determine if the order the three-judge panel issued on Thursday should be reconsidered before all the judges of the Court. The parties are instructed to file simultaneous briefs by February 16th to present their respective positions regarding whether the matter should be held before all the judges.
As for now, the Court’s ruling means that the TRO will be in place and the travel ban is not in effect. Given the uncertainty of the latest developments, Ryan Swanson attorneys advise individuals from these seven countries to stay in the U.S. or, if outside the U.S., to return to the U.S. before there are further changes.
The immigration attorneys at Ryan Swanson will provide updates regarding future changes or developments. In the meantime, please contact anyone in the Immigration Group with questions.
Amy Royalty can be reached at 206-654-2260 or [email protected].
Janet Cheetham can be reached at 206.654.2235 or [email protected].
Joel Paget can be reached at 206.654.2215 or [email protected].
Marsha Mavunkel can be reached at 206.654.2253 or [email protected].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.