Travel Ban Put on Hold

02/06/2017

Late Friday, U.S. District Court Judge James Robart issued a nationwide temporary restraining order that prohibits the government from enforcing key portions of the President's January 27th executive order, "Protecting the Nation from Foreign Terrorist Entry into the United States". Specifically, the temporary restraining order covers the following sections of the executive order:

• Section 3(c): The travel ban.
• Section 5(a): The 120-day suspension of the U.S. Refugee Admissions Program.
• Section 5(b): The prioritization of refugee claims, upon the resumption of refugee admissions, of religious-based claims of persecution where the foreign national's religion is a minority religion in the country of origin.
• Section 5(c): The indefinite suspension of the Syrian refugee program.
• Section 5(e): National interest standard for the admission of refugees fleeing religious persecution during the suspension of the U.S. Refugee Admissions Program.

On Saturday, the Ninth Circuit Court of Appeals denied the Department of Justice's request to immediately put Judge Robart's temporary restraining order on hold. Thus, as of now, the affected portions of the President's executive order are not in effect. The Department of Justice confirmed on Saturday that it "has suspended any and all actions implementing the affected sections of the Executive Order..." The Department of State, meanwhile, confirmed it has reinstated all visas it provisionally revoked based on the executive order and resumed processing visa applications from those affected by the travel ban. Foreign nationals whose visas were physically cancelled, however, will have to apply for new visas.

Goel & Anderson will continue to monitor developments and provide relevant updates. If you have any questions, please contact your Goel & Anderson attorney.

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