October 4, 2022

Volume XII, Number 277

Advertisement

October 03, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Fourth Circuit Upholds Nationwide Injunction on President Trump’s Revised Travel Ban

On Thursday, May 25, the U.S. Court of Appeals for the Fourth Circuit, in an en banc decision, affirmed a nationwide preliminary injunction on President Trump’s revised travel ban that was issued March 16, 2017, by a U.S. District Court judge in Maryland. President Trump’s new executive order (EO), “Protecting the Nation from Foreign Terrorist Entry into the United States,” which would have gone into effect March 16, 2017, temporarily bans U.S. entry for nationals from six Muslim-majority countries, including Iran, Libya, Somalia, Sudan, Syria, and Yemen.

In a 10-3 ruling, the Fourth Circuit upheld the lower court’s preliminary injunction barring the administration from suspending visa issuance and preventing entry for nationals from the six countries. The Appellate Court opined that the revised EO served more to effectuate the president’s agenda of religious discrimination against Muslims rather than its stated purpose to protect national security and prevent possible terrorist attacks. The opinion also stated that a “reasonable observer” could find that the primary goal of the revised EO “appears to be religious, rather than secular.” Furthermore, the Fourth Circuit held that while the president does have “broad power to deny entry” to immigrants, such power is not absolute.

On May 15, the Ninth Circuit heard oral arguments on the travel ban in a similar appeal from the U.S. District Court for the District of Hawaii. Its ruling is expected within the next several weeks. However, as long as the Fourth Circuit’s nationwide injunction remains in effect, President Trump’s revised travel ban for nationals of the six countries will remain blocked regardless of the Ninth Circuit’s ruling.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VII, Number 145
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Greenberg Traurig's Health Care & FDA Practice is recognized for handling transactional, litigation, regulatory, product approval, enforcement, and compliance matters for organizations across many diverse industries. We offer clients practical know-how that comes from firsthand experience working in their industries and in their regulatory circles. Our interdisciplinary team has the experience and scope of knowledge needed to steer our clients ahead in an ever-evolving, dynamic health care space.

Our team advises clients across the health...

202-331-3133
Advertisement
Advertisement
Advertisement