February 9, 2017 - U.S. Court of Appeals for the 9th Circuit has unanimously upheld the Temporary Restraining Order maintain the nationwide halt on Travel/Refugee Ban.
Nationwide Temporary Restraining Order has halted the Executive Order
National temporary restraining order granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees.
Department Of Homeland Security Response To Recent Litigation
For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States. The 90 day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.
Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate. The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.
Executive Order on Immigration
What an extraordinary 72 hours it has been in immigration law and enforcement.
ACLU led attorneys filed actions across the country to halt the Executive Order issued on January 27, 2017. Resulting in a federal judge in the Eastern District of New York issuing the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the Executive Order. The next came a decision out of a federal court in Massachusetts - it barred federal officials from detaining or removing individuals subject to the Executive Order. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to "all legal permanent residents being detained at Dulles International Airport" and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.
The Department of Homeland Security put out a statement early today stating only that the agency "will comply with judicial orders."
A copy of the Executive Order is provided in the link below.
Travel Warning for Nationals of Certain Countries in Anticipation of Executive Order
An Executive Order titled “PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGN NATIONALS” relating to visa issuance, screening procedures, and refugees, will most likely be issued this week.
Among other provisions, if implemented as written, would "suspend" the immigrant and nonimmigrant entry of nationals from certain designated countries for 30 days from the date of the order. Designated countries are tied to the Visa Waiver provisions of the 2016 Consolidated Appropriations Act and if implemented without change, would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Additional countries could be included.
For those country nationals who might be affected by the Executive Order, it may be advisable to refrain from traveling outside of the United States if they are already present in the U.S., or try to return to the United States as soon as possible if they are outside of the country.
Families are Taken Into Custody as Push to Deport Immigrants Denied Refuge Begins
The detentions of at least 11 families across the country marked the first day of an effort by the government to find and deport Central American immigrants who sought refuge in the U.S. and stayed illegally, immigrant advocates said Saturday.
Paris Attacks Reshape U.S. Debate on Immigration
U.S. lawmakers called on Tuesday for even tighter scrutiny of Syrian refugees fleeing to the United States as last week's deadly Paris attacks U.S. debate on immigration and national security, prompting a sharp rebuke from President Barack Obama, who said attempts to block entry were "offensive and contrary to American values".