After losing the emergency motion to stay the District
Court's Temporary Restraining Order (the "TRO")
halting the implementation of major portions of President
Trump's January 27th Executive Order, the administration has
conveyed that it could pursue any or all of the following
Issue a new executive order that
could have a better chance of surviving judicial scrutiny
During a flight last Friday, when
questioned on whether he might issue a new executive order,
President Trump said, "it very well could be," and that
the new order may be issued on Tuesday (February 14th);
Appeal the three-judge 9th Circuit
Immediately following this decision
denying an emergency stay of the TRO, President Trump stated his
intention to appeal. An appeal to this decision could be filed
either to the 9th Circuit Court of Appeals en banc or
directly to the U.S. Supreme Court. Meanwhile, related litigation
continues in other states.
Argue the District Court decision on
The District Court decision in
Washington State and others around the country may continue to be
litigated on the merits. The administration may then appeal those
For now, the TRO remains in effect and travel to the U.S. by
individuals from the seven designated countries is governed by the
same laws as existing before the Executive Order per the February
9th, 2017, three-judge panel of the U.S. 9th Circuit Court of
Appeals unanimous decision.. (See our previous alerts on the order
here, or click here to view a video featuring Susan
Cohen, Chair of Mintz Levin's Immigration Practice.) Therefore,
as this continues to be a fast-moving situation, please stay tuned
for further updates regarding the status of the Executive Order,
the Travel Ban and the ongoing litigation surrounding it.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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