• Federal District Judges Block Travel Executive Order Nationwide
  • May 10, 2017
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • A federal district judge in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of many nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. The entry suspensions were set to be implemented at 12:01am EDT on Thursday, March 16, but are now on hold.

    The Hawaii TRO was issued in a lawsuit brought by the State of Hawaii against the Trump Administration.

    In a separate case, a Maryland federal judge issued a more limited nationwide TRO that prohibits the suspension of entry of nationals of the six restricted countries but does not enjoin the refugee suspension.

    The Administration has announced that it will appeal the rulings and could seek emergency stays of the TROs.

    Plaintiffs in other lawsuits are also seeking TROs against the executive order, meaning that further rulings could be issued. Fragomen is closely monitoring those cases and will provide further updates as developments occur.

    The Trump Administration’s travel executive order sought to prohibit nationals of the six restricted countries from entering the United States for 90 days and refugees for 120 days, unless they qualified for an exemption or were granted a waiver. The order exempted U.S. lawful permanent residents, holders of valid U.S. visas, foreign nationals present in the United States on the effective date of the order, persons holding a valid advance parole document, dual nationals traveling on a passport from a non-restricted country and certain refugees, among others.

    What This Means for Foreign Nationals

    The TRO means that foreign nationals who would have been subject to the executive order should be able to apply for visas and enter the United States provided they are otherwise admissible. However, these individuals should contact their immigration counsel when planning travel to the United States because future rulings could permit the federal government to enforce the entry suspension.