The Ninth Circuit issued an order staying the district court's 10/20/17 preliminary injunction against entry restrictions on nationals of six Muslim-majority countries, except as to foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. People with a qualifying family relationship include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. A qualifying relationship with an entity must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading Presidential Proclamation 9645. The district court did not enjoin the Presidential Proclamation's entry restrictions against nationals of North Korea and certain nationals of Venezuela, and the travel ban remains in effect for those countries as originally stated in Presidential Proclamation 9645
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.
National temporary restraining order granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees.
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.
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.
The U.S. government has mistakenly granted citizenship to at least 858 immigrants from countries of concern to national security or with high rates of immigration fraud who had pending deportation orders, according to an internal Homeland Security audit released Monday.
When Americans think about immigration reform, many probably think of addressing the flow of illegal immigration from Mexico. But the terrorist attacks of Sept. 11, 2001 and the more recent tragedy in San Bernardino, Calif., show that addressing legal immigration is far more critical to our national security.
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".