Arlington, VA—The U.S. Court of Appeals for the 9th Circuit issued a ruling today that upholds a decision by a U.S. District Judge to freeze the executive order banning certain nationals of seven countries from entering the US. The Trump Administration will likely appeal the ruling to the U.S. Supreme Court.
On January 27, President Trump signed Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States. The order instituted a temporary 90-day ban from entering the U.S. those nationals from Iran, Iraq, Libya, Somalia, Sudan, and Yemen and a 120-day suspension for the Refugee Admission Program on refugees from those countries. The order also indefinitely banned those nationals and refugees from Syria.
The ban initially applied to green card holders from the seven identified countries, but the Department of Homeland Security issued a clarification that green card holders were exempt from the ban.
On February 3, U.S. District Judge James Robart in Seattle, Washington issued a temporary restraining order that freezes the government from continuing to execute the order. The attorneys general for the states of Washington and Minnesota brought the case against the Trump Administration. The attorneys general were joined by 97 companies from the technology sectors in filing amicus curiae in the case. The Department of Homeland Security issued a release stating the Department had suspended all activities related to executing the ban as the Department of Justice appealed the ruling.
On February 7, the three-judge panel of the U.S. Court of Appeals in San Francisco heard arguments in the case. The Department of Justice argued that the President has the authority in matters of national security to issue such a ban. The plaintiffs conceded the President does have broad authority in such matters but cannot discriminate by singling out nationals by country. On February 9, the appeals court agreed with the plaintiffs.
The ban has direct significant implications for the workforce mobility industry. Worldwide ERC® will be hosting a webinar on February 14 on the ramifications of the executive order, as well as a reported order being drafted specifically on high-skilled immigration. To register for the webinar, sponsored in partnership with Fragomen, please click here.
About Worldwide ERC®
Since 1964, Worldwide ERC® has been committed to connecting and educating workforce mobility professionals across the globe. A global not-for-profit organization, we are headquartered in Washington, D.C., with offices in London and Shanghai, and are the source of global mobility knowledge and innovation in talent management from Europe, the Middle East and Africa, to Asia and across the Americas. For more information, visit www.WorldwideERC.org