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The Revised (Or Perhaps Simply Repackaged?) Immigration and Travel Ban Faces More Hurdles to Implementation

On this blog, we recently addressed the Executive Order that went into effect on March 6, 2017, that President Trump signed. This Order, which stopped all refugee resettlement for 120 days, and blocked citizens of six predominantly Muslim countries (Libya, Syria, Somalia, Iran, Sudan, and Yemen) from entering the US for 90 days, is, as President Trump stated, a ‘watered down version’ of the previous Executive Order.

The March 6, 2017 Executive Order removed restrictions on holders of visas and on legal permanent residents (green card holders), but still, it targets predominantly Muslim nations.

Despite ‘revisions’ and the repackaging, the Trump administration is having difficulty fully implementing this ‘watered down version’ of the order.

You will recall that the Hawaii US District Court Judge Derrick Watson’s decision (in a 43 page ruling) ruled that this new Executive Order failed to pass legal muster legal muster at this stage and the state had established “a strong likelihood of success” on their claims of religious discrimination. Since we last blogged about this development, an appeal of this Hawaii judge’s order blocking key aspects of this Executive Order, will be heard by a three judge panel of the Ninth Circuit Court of Appeals sometime in May 2017.

You will also recall that a federal judge in Maryland also specifically blocked the 90 day ban on immigration for citizens of the six Muslim majority countries. There’s a new development here as well- an appeal of this Maryland judge’s order will be heard by the Fourth Circuit Court of Appeals in May 2017- either by a three judge panel, or directly by the full 15 judge bench.

For now, the Trump administration will need both the Maryland and Hawaii orders reversed by the Ninth and Fourth Circuit Court of Appeals, to fully implement the new Executive Order.