Status of Court Proceedings Related to President’s Travel Ban

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The President’s proposed travel ban continues to be on hold due to continuing court challenges. Upcoming hearings are scheduled for these cases. The two cases challenging President Trump’s travel ban executive order are State of Hawaii et al. v. Donald Trump et al., case number 17-15589, in the U.S. Court of Appeals for the 9^th Circuit and International Refugee Assistance Project et al. v. Trump et al., case number 17-1351, in the U.S. Court of Appeals for the 4^th Circuit.

Last week, the state of Hawaii urged the 9^th Circuit Court of Appeals to uphold a preliminary injunction that halted the President’s revised executive order on immigration from six predominantly Muslim countries. An appeal by the Trump administration is scheduled to be heard by a panel of judges of the 9^th Circuit Court of Appeals on May 15. In the 4^th Circuit case, a full bench hearing is set for May 8.

International students from the affected countries — Iran, Libya, Somalia, Sudan, Syria, Yemen — may wish to monitor the litigation, and any travel plans, new visa applications or visa renewals should be reviewed with an immigration attorney to discuss timing and the potential impact of the executive order if it is reinstated by the courts. Again, at this time the executive order is on hold and neither the State Department nor Department of Homeland Security are taking restrictive action.

Amicus briefs (aka “friend of the court” briefs) have been filed by various organizations and associations in support of the State of Hawaii and the International Refugee Assistance Project’s positions, including by amici colleges and universities. Click here to read more about the amicus brief filed by over 30 universities in both the Ninth Circuit and Fourth Circuit cases. 

Prepared on behalf of GMAC by Montserrat Miller, partner in the Privacy and Consumer Regulatory; Immigration; and Government Affairs practice groups at Arnall Golden Gregory LLP in Washington, D.C.