May 14, 2017

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Courts Hold Hearings on Administration’s Travel Ban

President Donald Trump’s revised Executive Order with its revised travel ban is scheduled to become effective just after midnight on March 16. While the revised Order regarding the travel ban is a bit of a retreat from the original, states have wasted no time trying to block the Order and hearings in two of these cases are scheduled for March 15.

The State of Hawaii was the first to file, arguing that the new E.O. has the same legal infirmities as the original. Hawaii provides evidence in more than 10 numbered paragraphs of alleged discriminatory statements made by Trump and his associates during and after the presidential campaign as proof that the E.O. is still a Muslim ban. Hawaii’s brief also outlines the chaos that followed the original E.O. and provides leaked intelligence reports as proof that there is no rational basis for the ban and that it is therefore unconstitutional.

Washington State Attorney General Bob Ferguson has asked that the previously granted injunction against President Trump’s original travel ban be applied to the revised ban. That request has been joined by California, Maryland, Massachusetts, New York, and Oregon.

Either of these cases could end up back in the Ninth Circuit Court of Appeals.

The ACLU, the National Immigration Law Centre, the Hebrew Immigrant Aid Society (HAIS), and a number of named plaintiffs also will have their motion to block the travel ban heard by a U.S. District Court in Maryland on March 15. This case focuses on the plight of refugees and individuals from the six countries who are in limbo abroad.

While the fate of the revised E.O. remains in question, non-immigrants from the six affected countries who would have to apply for new visas abroad may wish to reconsider their travel plans.

Jackson Lewis P.C. © 2017

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About this Author

Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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