January 19, 2022

Volume XII, Number 19

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January 19, 2022

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January 18, 2022

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Hawaii Federal District Court Converts TRO Against New Travel Suspension Executive Order to a Preliminary Injunction; Administration Appeals Ruling

As detailed in our previous alert on this issue, on March 15, 2017, the United States District Court for the District of Hawaii temporarily enjoined Sections 2 and 6 of the “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States” issued on March 6, 2017, (the “new E.O.”). On March 21, 2017, the State of Hawaii filed a “Motion to Convert Temporary Restraining Order to a Preliminary Injunction.”

The United States District Court for Hawaii Granted the State of Hawaii’s Motion

On March 29, 2017, the District Court of Hawaii issued an order granting the state of Hawaii’s Motion, effectively converting the previously issued nationwide restraining order into an indefinite block on the 90-day and 120-day travel suspensions under the new E.O.

The court determined that:

  1. plaintiffs met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim;

  2. irreparable injury would be likely if the court were not to issue the requested relief; and

  3. the balance of the equities and public interest favored converting the temporary restraining order into a preliminary injunction.

United States District Judge Derrick Watson, who decided the matter, stated that there was no reason to disturb the court’s prior determination because the parties did not submit any new evidence contradicting the purpose of the new E.O. as previously identified by the court.

The Ninth Circuit will Review the District Court of Hawaii Rulings

On March 30, 2017, the United States Government filed a Notice of Appeal to the United States Court of Appeals for the Ninth Circuit in which the Government appealed the District Court of Hawaii’s March 29, 2017 order indefinitely blocking the travel suspensions under the new E.O. and all prior orders and decisions that merged into that Order.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume VII, Number 94
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About this Author

Jayde Ashford Brown, Andrews Kurth, management side labor litigation lawyer, employment matters attorney
Associate

Jayde Ashford Brown represents corporate clients in management-side labor and employment matters arising under federal and state law, including, but not limited to Title VII, the FLSA, the FMLA, the ADA, the ADEA, and workers compensation under Section 451 of the Texas Labor Code. In addition to litigation, Jayde counsels clients on best practices relating to hiring and termination decisions, employment policies and employee investigations, and the OFCCP and related AAP obligations for federal contractors and subcontractors. Jayde also prepares and negotiates separation...

214-659-4719
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