Who Did President Trump 212(f) today? | Update on Travel Ban
Who did Trump 212(f) today?
President Trump has face a wave of legal challenges since signing the January 27, 2017 Executive Order. As of today, President Trump has not named anyone new to the 212(f) country list and the courts have temporarily suspended any prohibitions against entering the United States, pursuant to the executive order, for foreign nationals from the 7 named countries (Yemen, Sudan, Somalia, Syria, Iraq, Iran and Libya).
What does a suspension on the "travel ban" mean?
The suspension on the "travel ban" means that no foreign nationals from the above-stated 7 countries can be denied entry into the United States based on the executive order.
The suspension is temporary. If the courts ultimately find that the Executive Order is constitutional, the travel ban will be put back into effect in full.
How did we get to the this point?
There has been a lot of talk about different states filing lawsuits to stop the travel ban. Here is a break down of the path taken by litigants that has gotten us to this point:
January 30, 2017: Washington State filed an emergency motion seeking to invalidate parts of President Trump's Executive Order, "Protecting the Nation from Foreign Terrorist Entry into the United States," along with a Temporary Restraining Order (TRO), to prevent the federal government from enforcing the "travel ban" portions of the executive order. The motion is filed in the United States District Court for the Western District of Washington at Seattle.
February 1, 2017: Washington files an amended complaint, adding the states of Minnesota as a plaintiff.
February 3, 2017: The Honorable Judge Robart grants plaintiffs' TRO, thereby suspending the execution of the "travel ban," along with specific provisions of the Executive Order nationwide. Judge Robart granted the TRO because he found that the states proved that they are subject to immediate and irreparable injury as a result of the signing and implementation of the order, and that issuing a TRO is in the public interest.
Basically, this means that there are serious constitutional concerns here and the plaintiffs have a very strong argument that the travel ban is unconstitutional. So the courts have suspended the travel ban until the full case can be fully litigated in court.
February 5, 2017: The United States Appellate Court for the 9th Circuit denies the federal government's appeal of Judge Robart's decision to issue the nationwide TRO. The 9th Circuit Court further instructed both parties to file supporting briefs by 6PM EST on February 6, 2017. The briefs will only focus on whether or not the suspension of the travel ban should remain in effect while the court decides on the constitutionality of the Executive Order.
February 6, 2017: Washington and Minnesota submitted their supporting briefs to the 9th Circuit Court, along with 15 amicus curie briefs. The federal government also submitted their brief in support of lifting the travel ban.
February 7, 2017: The 9th Circuit Court will hear oral arguments at 6 PM EST from each decide before quickly reaching a decision regarding the District Court's authority to issue a nationwide suspension of the travel ban.
Can the 9th Circuit's ruling be appealed too?
Yes. The losing party can appeal the 9th Circuit's decision to the United States Supreme Court. There has been indications from both sides that this will be the case after the 9th Circuit rules.
One last thing thing to keep in mind...
A ruling by the 9th Circuit and (possibly the U.S. Supreme Court) that upholds the District Court's suspension of the travel ban is definitely a huge loss to President Trump's team, but it still does not mean that the courts will ultimately find the Executive Order to be unconstitutional. The scales will be tipped in favor of unconstitutionality, but a higher burden must be met before the Executive Order will be invalidated by the courts.
I will discuss this burden and what both sides need to prove to have a ruling in their favor in my next post in the series, "Who did Trump 212(f) today?"
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