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.
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 Although the President has now rescinded that order, litigation on this matter looks set to continue with the Legal Director of the American Civil Liberties Union (ACLU) indicating that it will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.
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.
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.
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.