Travel Ban Enjoined
February 12, 2017 § Leave a comment
The controversial Executive Order that had banned travelers from the seven predominantly Muslim countries (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen) as well as admission of refugees, including those from Syria, has continued to be enjoined by a federal court decision on February 5, 2017. The Ninth Circuit Court of Appeals ruled that the Executive Branch did not have unfettered control in the area of immigration, and the judiciary retained discretion to review political actions such as the Executive Order at issue.
A few days after the issuance of the January 27 Executive Order, the State of Washington sued the President and the U.S. Government for several Constitutional law violations, including Due Process and the First Amendment. The State of Minnesota later joined as a plaintiff. The States challenged the enforcement of the Executive Order and requested for a Federal District Court in Seattle to issue a temporary restraining order (TRO) to block the Executive Order from continuing to be enforced. Judge James Robart granted the TRO on Friday, February 3, 2017. The Government promptly appealed this decision, and the judges on appeal in the 9th Circuit have unanimously ruled against lifting the TRO. As such, the travel ban and as well as the ban on refugee admission, including the indefinite ban of Syrians, cannot be enforced.
President Trump and his administration face mounting criticisms in light of these events. The President has continued to voice his disapproval of the legal decisions that have blocked key portions of his Executive Order and vows to keep fighting.