Executive Orders

We are opening a thread on the Forum for posts on the Executive Orders.  Please send submissions to forcedmigrationforum@gmail.com.

Virginia Federal District Judge Anthony Trenga rules in favor of Trump’s revised Executive Order March 26, 2017 - A federal district court in Virginia has now ruled in favor of the revised Trump Executive Order banning visas to persons from six predominantly Muslim countries. The court held that earlier Trump statements did not "fatally infect" the second version of the Order. Irrespective of this opinion, the nation-wide injunctions issued by two other district courts continue in force.

Read the concurring and dissenting opinions from the Ninth Circuit Court of Appeals March 19, 2017 -

Here is a link to the decision of the Ninth Circuit Court of Appeals not to review the decision of a panel of the Court issued February 9th, which rejected a challenge to the decision of the (Washington State) District Court to issue a temporary restraining order against the first Executive Order.

Federal Judges in Hawaii and Maryland issue temporary restraining orders on second travel ban March 16, 2017 - U.S. district court judges Derrick Watson and Theodore Chuang of Hawaii and Maryland issued TROs late last night, preventing the Executive Order from taking effect at midnight.
Judge Watson's order can be found here, and Judge Chuang's order here.

President Trump’s Immigration ban: Unlawful Executive Orders and Bureaucratic Resistance March 10, 2017 - As Alex Aleinikoff stated in this forum recently, there will be much to report about Donald Trump’s Executive Orders relating to immigration enforcement and refugees in coming months. Given that the President recently issued an amended immigration order on 6 March, it is timely to reflect not only upon the legality of the order itself, but also upon the broader question of the role of the bureaucracy in carrying out any new order. As readers will know, President Trump’s executive immigration order issued in January attracted protest and litigation. In States of Washington and Minnesota v. Trump the U.S. District Court for the Western District of Washington granted a temporary injunction against the operation of the order, and the 9th Circuit refused to stay that injunction. Although the President has now rescinded that order, litigation on this matter looks set to continue with the Legal Director of the American Civil Liberties Union (ACLU) indicating that it will challenge the revised order in the courts.

The Travel Ban 2.0 March 8, 2017 - Donald Trump’s revised Executive Order imposing a visa ban and reducing the U.S. refugee resettlement program can be found here. I found this commentary by Amy Davidson (The New Yorker) particularly insightful. The Order was (re)written in an attempt to withstand legal challenges. Thus, it includes paragraphs offering a security rationale for the (now) six countries it includes in the visa ban (Iraq is off the list); it exempts from the ban all persons with existing valid visas to enter the U.S. as well as green card holders, already approved refugees and other categories; it deletes the provision that gave special treatment for religious minorities seeking entry as refugees; and—to avoid a repeat of the havoc at airports—it doesn’t go into effect for 10 days.

Trump’s immigration ban and Europe: the courage to raise a mirror and look beyond it March 6, 2017 - While Trump’s Executive Order is widely viewed -including by myself – as an abject measure and a violation of international and human rights law, including children’s rights and refugee rights, I cannot help but question how much better Europe is faring in dealing with its borders, its migration policy, and its international protection obligations.

The Trump Executive Orders on immigration and refugees:  opening a thread and sources of information February 10, 2017 - There will be much to report about Donald Trump’s Executive Orders relating to immigration enforcement and refugees over the coming weeks and months. Receiving most attention at the moment are the literally dozens of court cases challenging the ban on the admission of persons from seven predominantly Muslim countries and suspension of the U.S. refugee program. Yesterday, the federal Court of Appeals for the Ninth Circuit upheld a decision by a Seattle, Washington district court granting a nationwide Temporary Restraining Order that suspended enforcement of these aspects of one of the Executive Orders.

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