Muslim Ban 2.0
On March 6, 2017, the President issued a revised Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States which sought to correct the legal defects of the previous one. The effective date of the Executive Order was 12:01am on March 16, 2017 but key decisions by two federal courts (Hawaii and Maryland) have blocked the most controversial provisions of Muslim Ban 2.0. Read more here (prepared by Penn State Law and ADC).
Muslim Ban 1.0
Breaking News: The Ninth Circuit Court of Appeals decided on February 9th to keep in place a lower court’s temporary restraining order to prevent certain sections of President Trump’s executive order from being implemented. In addition, nearly 40 cases brought by states and aggrieved individuals are pending in federal courts around the country. We have outlined a few key ones below and encourage you to check the database maintained by the Civil Rights Litigation Clearinghouse at the University of Michigan Law School.
On 1/28, the ACLU filed a class action suit on behalf of two Iraqi men, Darweesh v. Trump, in New York’s Eastern District, alleging that their detainment and threatened deportation violated the due process clause of the Fifth Amendment. U.S. District Judge Ann Donnelly ordered U.S. authorities to refrain from deporting previously approved refugees as well as “approved holders of valid immigrant and non-immigrant visas and other individuals … legally authorized to enter the United States” from the countries targeted in Trump’s order. This decision, which applied nationwide, helped to ensure that individuals were not deported if they were subjected to enforcement under the executive order. (NYTimes)
The state of Washington sued the federal government and asked for a temporary restraining order that would prevent implementation of the executive order (more here). The state of Minnesota joined the state of Washington in their case against the federal government. On 2/3, Judge James Robach, a federal judge in Seattle, ordered a nationwide stay, meaning that federal government agencies could no longer enforce the Muslim and refugee bans at any port of entry or airport in America. On 2/9, a panel of federal judges on the Ninth Circuit Court rejected the Trump administration’s request to stay the temporary restraining order (see the decision here).
On 2/3, U.S. District Judge Nathaniel Gorton in Boston declined to renew an order prohibiting the detention or removal of people as part of Trump’s executive order on refugees and immigrants. This is the only case where the federal government has prevailed.