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Third Travel Ban Blocked by Court

On the eve of its taking effect, President Donald Trump’s third attempt at a travel ban has been blocked by the District Court in Hawaii.

On October 17, 2017, Judge Derrick Watson granted a nationwide temporary restraining order holding that the newest travel ban executive order (dubbed “EO-3”) suffered the same legal maladies as its predecessor: “it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States’ . . . [a]nd EO-3 plainly discriminates based on nationality.” Judge Watson had granted injunctive relief blocking Trump’s second iteration of the travel ban.

Signed on September 24, 2017, the third travel ban placed various indefinite restrictions on the entry of nationals from Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela. The Judge’s Order does not block the restrictions on North Korea and Venezuela because those were not challenged by the State of Hawaii in its Third Amended Complaint.

The White House stated that this new ruling was “dangerously flawed” and “undercuts the President’s efforts to keep the American people safe . . . . “

Judge Watson has promised an expedited hearing schedule. The Department of Justice has stated that it would appeal expeditiously. In the meantime, the Department of State has instructed Embassies and Consulates abroad to disregard EO-3 for now and resume the processing of visas for nationals from Chad, Iran, Libya, Somalia, Syria, and Yemen.

Other cases challenging EO-3 are pending and a ruling from District Court Judge Theodore Chuang of Maryland is expected soon.

Jackson Lewis P.C. © 2020National Law Review, Volume VII, Number 291


About this Author

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

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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Forrest G. Read IV, Immigration, Employment, Attorney, Jackson Lewis, Law Firm

Forrest Read is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has special expertise in legal issues in graduate medical education (GME).

Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.