| Protecting the Nation from Foreign Terrorist Entry into the United States | |
 | |
 Executive Order 13769 in the Federal Register | |
| Type | Executive order |
|---|---|
| Signed by | Donald Trump on January 27, 2017 |
| Federal Register details | |
| Federal Register document number | 2017-02281 |
| Publication date | 1 February 2017 |
| Document citation | 82 FR 8977 |
Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States.[1][2] The order sought to restrict travel from seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both. On March 16, 2017, Executive Order 13769 was superseded by Executive Order 13780, which took legal objections into account and removed Iraq from affected countries.[3] Then on September 24, 2017, Executive Order 13780 was superseded by Presidential Proclamation 9645 which is aimed at more permanently establishing travel restrictions on those countries except Sudan, while adding North Korea and Venezuela which had not previously been included.[4]
Legal challenges to these orders were brought almost immediately after their issuance. From January 28 to 31 almost 50 cases were filed in federal courts.[5] The courts granted temporary relief including multiple temporary restraining orders (TRO) that barred the enforcement of major parts of the executive order. The chief TRO was issued by a Washington State federal court and was explicitly nationwide in scope.[6][7] That TRO specifically blocked the executive branch from enforcing provisions of the executive order that (1) suspend entry into the U.S. for people from seven countries for 90 days and (2) place limitations on the acceptance of refugees including "any action that prioritizes the refugee claims of certain religious minorities."[7] The TRO also allowed "people from the seven countries who had been authorized to travel, along with vetted refugees from all nations, to enter the country."[7] The Trump administration appealed the TRO to the U.S. Court of Appeals for the Ninth Circuit, which ruled against the government and allowed the stay to stand.[8]
The second Executive Order, #13780, removed Iraq from the list of targeted countries and allowed more exemptions. Portions of that order were blocked by a Hawaii federal judge on March 15. On June 26, the Supreme Court partially stayed some of the injunctions that had been put on the order by federal appeals courts earlier, allowing the executive order to mostly go into effect. Oral argument concerning the legality of the order was to be held in October 2017.[9]
The parties challenging the executive orders included both private individuals (some of whom were blocked from entering the U.S. or detained following the executive order's issuance) and the states of Washington and Minnesota represented by their state attorneys general. Other organizations, such as the American Civil Liberties Union (ACLU), also challenged the order in court. Fifteen Democratic state attorneys general released a joint statement calling the executive order "unconstitutional, un-American and unlawful"[10] and seventeen states filed an amicus brief in support of the challenge to the order.[11]
In response to the issuance of Presidential Proclamation 9645, the Supreme Court canceled its scheduled October hearing on the executive order that the proclamation replaced, declining to rule on its merits as it was about to expire. On October 17, a U.S. district judge in Hawaii issued an opinion saying that much of the proclamation is unconstitutional.[12][13] On June 26, 2018, the Supreme Court overturned the lower court opinion and upheld Proclamation 9645 in a 5–4 decision.[14]
- ^ Executive Order 13769, 82 Fed. Reg. 8977 (January 27, 2017).
- ^ Alexander Burns, Legal Challenges Mount Against Trump's Travel Ban, New York Times (January 30, 2017).
- ^ Shabad, Rebecca (March 6, 2017). "Trump's new travel ban executive order removes Iraq from list of banned countries". CBS News.
- ^ "Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats". whitehouse.gov. September 24, 2017. Retrieved September 26, 2017 – via National Archives.
- ^ Special Collection: Civil Rights Challenges to Trump Immigration/Refugee Orders, University of Michigan Law School's Civil Rights Litigation Clearinghouse (last accessed January 31, 2017).
- ^ Devlin Barrett & Dan Frosch Federal Judge Temporarily Halts Trump Order on Immigration, Refugees: Ruling applies nationwide to tens of thousands, Wall Street Journal (February 5, 2017).
- ^ a b c Adam Liptak, Where Trump's Travel Ban Stands, New York Times (February 5, 2017).
- ^ Adam Liptak, Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss, New York Times (February 9, 2017).
- ^ Berenson, Tessa (June 26, 2017). "Supreme Court Allows Travel Ban to Go Into Effect While It Hears Case". Time. Retrieved June 26, 2017.
- ^ Edward Isaac Dovere, Democratic state attorneys general vow action against refugee order, Politico (January 29, 2017).
- ^
- Memorandum of Law of the States of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia, and the District of Columbia As Amici Curiae States in Support of Plaintiffs-Appellees, No. 17-35105 (9th Cir. February 6, 2017).
- Brief of the States of Pennsylvania, Massachusetts, New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, New Hampshire, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, and Virginia, and the District of Columbia as Amici Curiae States in Support of Plaintiffs-Appellees. No. 17-35105 (9th Cir. February 7, 2017) (amended amicus brief, adding New Hampshire and North Carolina).
- Patrick McGreevy, California joins 15 other states going to court to challenge Trump's immigration orders, Los Angeles Times (February 6, 2017).
- ^ Watson, Derrick K. (17 October 2017). "State of Hawaii, Ismail Elshikh, John Does 1 & 2, and Muslim Association of Hawaii, Inc. vs. Donald J. Trump, et al." United States District Court for the District of Hawaiʻi.
- ^ de Vogue, Ariane. (17 October 2017). "Hawaii judge blocks Trump's latest travel ban". CNN.
- ^ de Vogue, Ariane; Stracqualursi, Veronica (June 26, 2018). "Supreme Court upholds travel ban". CNN. Retrieved June 26, 2018.