An executive order trumped by a federal judge

| Feb 6, 2017 | US Immigration Law

History was ready to repeat. One weekend filled with uncertainty, chaos and protests was about to spill over into a second weekend. However, a Friday night ruling from yet another federal judge created uncertainty in the White House.

This time, it would be President Donald Trump’s administration finding themselves on defense.

Halting The Travel Ban

Federal Judge James Robart halted the enforcement of Trump’s executive order that barred citizens of seven Muslim-majority countries from entering the U.S. for 90 days. Signed on January 27, the order also barred all refugees for 120 days and indefinitely halted refugees from Syria.

In his ruling on a lawsuit filed by Washington State and Minnesota attorneys general, Robart wrote that the states “faced immediate and irreparable injury.” The order also adversely affects residents in various industries to travel, according to the jurist.

Judge Robart’s order led to the following:

  • The Department of Homeland Security announced it was stopping implementation of the travel ban and would resume standard inspections of travelers.
  • The State Department reversed cancellation of 60,000 visas provisionally revoked by the order, provided that they were not stamped or marked as cancelled. Those visa holders would have to go to an embassy or consulate to have them reinstated. The department also informed all posts to resume the visa process.
  • Members of the International Air Transportation Association, an airline industry trade group, told members to follow procedures “as if the executive order never existed.”

The Trump administration is already pursuing an appeal of Judge Robart’s ruling.