Last week we reported that President Trump signed an executive order, "Protecting the Nation from Foreign Terrorist Entry into the United States," that ceased visa issuance and admissions to nationals of Iran, Iraq, Syria, Sudan, Libya, Somalia, and Yemen for at least 90 days. Since that time, several important court actions have taken place, most notably that the states of Washington and Minnesota filed suit to challenge the Executive Order. Suits filed against the government appear to be initially successful, although the applicability of the order remains fluid given pending appellate review.
Late Friday, U.S. District Court Judge James L. Robart of the Western District of Washington issued a temporary restraining order ("TRO") on a nationwide basis against portions of the Executive Order pertaining to the visa issuance and entry of affected nationals and enforcement of certain provisions relating to the U.S. refugee program. Subsequently, the Trump Administration appealed the decision to the Ninth Circuit Court of Appeals, which denied the government's request to put on hold Judge Robart's decision. Briefing is now before the appellate tribunal. Oral argument is scheduled for 6pm ET on February 7. All eyes are, accordingly, on the Ninth Circuit as we await its ruling. The case also has the potential to be heard before the U.S. Supreme Court, given its importance.
At this time, our contacts at U.S. airports and internationally are reporting that the U.S. government is complying with the Judge Robart's order, specifically allowing admissions. The Department of State issued a statement re-validating visas that had been previously revoked/cancelled by the Executive Order and asked those with physical cancellation to re-apply. Applications initially put on hold are continuing to be processed.
Nevertheless, the situation remains very fluid. We strongly urge all of our clients and partners that may potentially be affected by the Executive Order to contact us prior to making any international travel plans, whether inbound to the U.S. or a departure.
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