US Immigration Update

March 16, 2017 All, USA
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US Immigration Update

US Immigration Update: Temporary Block to new Executive Order   “Travel Ban” Executive Order Blocked by Hawaii Judge On 15th March 2017, hours before the new Executive Order was due…

US Immigration Update: Temporary Block to new Executive Order

 

“Travel Ban” Executive Order Blocked by Hawaii Judge

On 15th March 2017, hours before the new Executive Order was due to take effect, US District Judge Derrick Watson issued a temporary restraining order preventing the implementation of Executive Order 13780 nationwide.

The revised Executive Order regarding travel to the U.S., signed by President Trump on Monday, 6th March 2017, was due to take effect from 12:01 EDT on Thursday, 16 March 2017.

It would have banned people from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the US for 90 days and all refugees for 120 days.

 

Effect of the Temporary Restraining Order

The ruling bars the enforcement or implementation of Sections 2 and 6 of the Executive Order:

  • Section 2 of the Executive Order would have suspended entry into the United States for certain nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen for a period of 90 days.
  • Section 6 of the Executive Order would have suspended the U.S. Refugee Admissions Program (USRAP) for 120 days.

The ruling applies nationwide, and its practical effect is that travellers from the six Muslim-majority countries above, and refugees, are presently able to travel to the US.

 

What next for the Executive Order?

The situation remains fluid, as the restraining order is a temporary measure, and not a final ruling. The Justice Department may appeal the ruling, or wage a longer-term court battle before the judge in Hawaii.

Although federal judges in states including Maryland and Washington are also evaluating challenges to the new Executive Order, it is possible they may defer ruling due to the ruling in Hawaii.

President Trump has already stated that he will appeal the ruling, and the expectation is that, as with the previous Executive order, the administration will next go to the Ninth Circuit Court of Appeals.

Ferguson Snell are continuing to monitor the status of the lawsuits and will be sending further updates in case of changes impacting the Executive Order’s implementation.

 

Advice to Employers and Travellers

Although the ruling is currently in effect, employers and individuals who may be affected if the ruling is successfully appealed should contact Ferguson Snell & Associates for advice prior to travelling to the U.S.

 

If you would like further information on any part of this newsletter, please contact your dedicated Immigration Consultant via email on comms@fergusonsnell.co.uk or call us on +44 (0) 20 3668 2700