News Release from Jewell Stewart & Pratt – February 16, 2017 In briefing filed with the Ninth Circuit Court of Appeals on February 16, 2017, the White House indicated that it was not seeking further review of the travel ban that was part of Executive Order 13769. Instead, it stated that it intends to issue a new Executive Order intended to “eliminate . . . constitutional concerns” with the initial order. If a new Executive Order is released, it would likely moot the existing litigation.
We are watching closely for developments related to the litigation and any new Executive Orders related to travel. In the meantime, unless/until a new Executive Order is released and the litigation is vacated by a court, all U.S. land and air ports of entry are prohibited from enforcing Executive Order 13769 until further orders from a court.
Update: On February 16th the Ninth Circuit issued an order stating that en banc proceedings are stayed pending further orders of the court. President Trump stated in a news conference that the new executive order would be issued next week.
© Jewell Stewart & Pratt PC 2017