Update with Links to Court Documents on President Trump’s Travel Ban


Judge James L. Robart of the United States District Court for the Western District of Washington issued a temporary restraining order  (TRO) on Friday, February 3rd, against President Trump’s January 27th Executive Order 13769, banning the issuance of visas to individuals from seven countries.

On Saturday, February 4th, the Department of Homeland Security released a statement, saying “… [i]n accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.  This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.   DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.  At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the president’s Executive Order, which is lawful and appropriate.  The order is intended to protect the homeland and the American people, and the president has no higher duty and responsibility than to do so.”

Meanwhile in Massachusetts, Judge Nathaniel M. Gorton of the United States District Court for the District of Massachusetts refused to grant injunctive relief and would not renew a previously granted TRO on Friday, February 3rd.

On Saturday, 2/4/2017, the Department of Justice filed an Emergency Motion for Administrative Stay and a Stay Pending Appeal against W.D. Washington Judge Robart’s order.  This order, referred to as a Muslim Ban by the media,  has been greeted with protests both nationally and internationally.

Judges Canby and Friedland for the United States Court of Appeals for the 9th Circuit denied the request for an emergency stay on February 4th. Briefs about the order and stay are expected in the Court on Monday, February 6th, according to the Court’s docket.

The suspension of the travel ban remains in effect at present.


About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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