Immigration News
Jewell Stewart Pratt Beckerson & Carr PC
News Release from Jewell Stewart & Pratt – February 27, 2017 As of February 27, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released on Wednesday, March 1. To date, there are no confirmed reports of what the revised ban will entail. We are watching closely for developments.
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News Release from Jewell Stewart & Pratt – February 23, 2017 On Monday, February 20, 2017, the U.S. Department of Homeland Security (DHS) issued two memoranda to its sub-agencies concerning immigration enforcement and in particular the agency’s plans for implementing President Trump’s two Executive Orders related to U.S. border and interior enforcement. The DHS memoranda rescind and replace all previous agency guidance regarding enforcement priorities against undocumented immigrants (with the exception of President Obama’s Dreamer and DACA/DAPA orders), expanding the pool of persons prioritized for removal to include undocumented immigrants who have been charged with (not necessarily convicted of) any criminal offense, or who have “committed acts” that constitute a chargeable offense. The memoranda also end long-standing protections to children, massively expand immigration detention, and call for the hiring of thousands of ICE and CBP officers. Further commentary is available here.
As of February 23, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released in the week of February 27th. To date, there are no confirmed reports of what the revised ban will entail.
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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.
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News Release from Jewell Stewart & Pratt – February 14, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay. The order barring implementation of the travel and refugee ban therefore remains in place.
On February 10, a Ninth Circuit judge made a sua sponte request that a vote be taken as to whether the order issued by the three-judge panel on February 9 should be reconsidered en banc. Briefs on whether the matter should be reconsidered en banc are due by February 16. Therefore, February 16 is the earliest date on which a Ninth Circuit decision regarding re-hearing the February 9 panel decision would be issued.
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News Release from Jewell Stewart & Pratt – February 10, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay, finding that it failed to show a likelihood of success on the merits of its appeal, and that it also failed to show that the lack of a stay would cause irreparable injury. Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.
In terms of next steps, the U.S. District Court for the Western District of Washington has ordered all briefing associated with the State of Washington and State of Minnesota’s motion for preliminary injunction to be completed by Friday, February 17, 2017. A hearing on the preliminary injunction has not yet been scheduled. In the meantime, the White House may seek Supreme Court intervention although five of the current 8 justices would need to vote to overturn the Circuit Court’s decision (a 4-4 split would simply re-affirm the Circuit Court’s decision).
Update: According to reports, the White House won’t immediately appeal to the Supreme Court, but the Ninth Circuit may re-hear the case en banc.
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News Release from Jewell Stewart & Pratt – February 9, 2017
On February 9, 2017, the Ninth Circuit Court of Appeals denied the White House’s motion to re-instate the travel ban in Executive Order 13769.
The United States District Court for the Western District of Washington’s temporary restraining order, prohibiting the federal government from enforcing the travel ban on a nationwide basis, is still in place. All U.S. land and air ports of entry are prohibited from enforcing the Executive Order until further orders from the court.
© Jewell Stewart & Pratt PC 2017
News Release from Jewell Stewart & Pratt – February 8, 2017
The United States District Court for the Western District of Washington’s temporary restraining order, prohibiting the federal government from enforcing the travel ban in Executive Order 13769 of January 27, 2017 on a nationwide basis, is still in place.
The White House’s motion for a stay of the District Court’s decision to lift the travel ban, before the Ninth Circuit Court of Appeals, is expected to be ruled on this week. In the meantime, all U.S. land and air ports of entry are prohibited from enforcing the Executive Order until further orders from the court.
© Jewell Stewart & Pratt PC 2017
News Release from Jewell Stewart & Pratt – February 6, 2017 As of Monday, February 6, 2017, the United States District Court for the Western District of Washington’s temporary restraining order prohibiting the federal government from enforcing the travel ban in Executive Order 13769 of January 27, 2017 on a nationwide basis is still in place.
The White House’s motion for a stay pending its appeal before the Ninth Circuit Court of Appeals is set for oral argument at 3:00 PM PT on Tuesday, February 7th in front of a three-judge panel. All U.S. land and air ports of entry are prohibited from enforcing the Executive Order until further orders from the court.
© Jewell Stewart & Pratt PC 2017
On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order prohibiting the federal government from enforcing the travel ban in the January 27, 2017 Executive Order (EO) on a nationwide basis. All U.S. land and air ports of entry are prohibited from enforcing these portions of the EO until further ordered from the court.
News Release from Jewell Stewart & Pratt – February 3, 2017 As discussed in our prior posts, an Executive Order signed by President Trump on January 27, 2017 bans immigrant and nonimmigrant entries into the United States, for at least 90 days, by nationals of seven countries – Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.
In the days following the Executive Order, its ambiguous language and the inconsistent application of its provisions at U.S. ports of entry and in other parts of the U.S. government created confusion among foreign-born travelers to the United States. In addition to several clarifications mentioned in this post, the White House and USCIS have issued further guidance, including the following:
© Jewell Stewart & Pratt PC 2017
