Trump’s Executive Order Suffers Another Defeat

10. Feb. 2017

This is a follow up to our previous article on this topic.

In a major defeat for the Trump administration, the 9th Circuit Court of Appeals on Thursday ruled that Trump’s controversial Executive Order (EO), which sought to ban entry of refugees and nationals of seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), will remain suspended.  The three-judge panel was unanimous in voting 3-0 against Trump’s appeal.

The judges indicated that the ban did not advance national security, pointing out the fact the administration had shown “no evidence” that anyone from the seven nations had committed terrorist acts in the US.  The ruling also rejected Trump’s claim that courts are powerless to review a president’s national security assessments.  The court said “it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”

ILG Recommendations:

  1. Citizens of a designated country: Trump has vowed to appeal again. As such, citizens of a designated country who are currently in the US should still avoid international travel even if they have a valid visa or advance parole, and those who are outside of the US should re-enter the US as soon as possible.
  2. Citizens of a non-designated country: Although not targeted by the EO, all non-immigrant visa applicants (e.g., H-1B, L-1, F-1, etc.) should expect longer wait time for a visa appointment, and there is indication processing time at all consulates have increased due to additional vetting/background checks.  Such additional vetting, known as “administrative processing,” will result in visa processing time of 4 to 8 weeks.
  3. Citizens of a non-designated country who holds US permanent residency: Should not experience any issue since they do not need a US visa for re-entry and the Trump administration has clarified US permanent residents are not targeted by the EO.