Temporary Restraining Order Issued on Executive Order

Temporary Restraining Order Issued on Executive Order

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order (TRO) prohibiting the government from enforcing the January 27, 2017 Executive Order (EO) in regard to the national travel ban. As a result of this TRO all ports of entry, whether land or sea, are prohibited from enforcing the provisions of the EO until further order from the court and all provisionally revoked visas have been reversed are now valid for travel.

All Custom and Border Protection offices are required to instantly resume inspection of travelers under standard policies and procedures notwithstanding that they are from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen. Likewise all airlines and terminal operators have been notified to permit boarding of such nationals. Furthermore, individuals who arrived last weekend and had their visas cancelled because of the EO will not need to reapply for a new visa and will receive an I-193 waiver upon arrival to the U.S.

On February 4, 2017, the U.S. Department of Justice filed for an emergency stay of the TRO, including a request for an immediate administrative stay of the TRO while the states are filing their legal briefs in opposition to the motion. In the early morning hours of February 5, 2017, the U.S. Court of Appeals for the Ninth Circuit, which has jurisdiction over Washington, denied the request for an immediate administrative stay. The court, however, did not deny the Justice Department’s motion for an emergency stay pending appeal. The Court of Appeal held that it would not decide on the motion for an emergency stay until it had received all legal briefs presenting the arguments on both sides. The Justice Department must file their brief by 6 P.M. EST, February 6, 2017.

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