Federal Appeals Panel Upholds Injunction Blocking Trump’s Immigration Ban

February 10, 2017Alerts Immigration Alert

A unanimous three-judge panel has rejected the Trump Administration’s bid to revive a travel ban that would have blocked most travel into the United States by natives of seven Middle Eastern and African countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

For businesses, universities, individuals and others potentially affected by Trump’s executive order, the situation remains far from certain because the government has vowed to take the fight to the U.S. Supreme Court.

In its Feb. 9 ruling, the Ninth U.S. Circuit Court of Appeals upheld a temporary restraining order (TRO) issued by a federal judge in the state of Washington. As a result, the lower court's TRO – which restrains implementation of Trump’s executive order – continues in effect for now.

But the TRO is, by definition, only temporary, so travel abroad by noncitizens from these countries is still potentially dangerous, even for those who have dual citizenship.

The legal battle over the ban is far from over. The Trump Administration could pursue an immediate appeal to the U.S. Supreme Court or could opt instead to ask for a rehearing at the Ninth Circuit before a much larger panel of judges. However the courts rule at this stage, the case could ultimately find its way back to the trial judge in the U.S. District Court for the Western District of Washington for more in-depth hearings.

Fox Rothschild’s Immigration Practice Group is prepared to counsel individuals, businesses and educational institutions with concerns about the travel ban or any immigration issue.

For questions or more information about this alert, please contact Robert S. Whitehill at 412.394.5595 or [email protected], Catherine V. Wadhwani at 412.394.5540 or [email protected] or any member of the firm’s Immigration Practice.