Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban.
Late on Thursday, February 9, the Ninth Circuit panel voted to uphold the district court’s ruling, leaving the national temporary restraining order (“TRO”) in effect and the travel ban suspended. In response, the Justice Department could either ask for the full court to review a stay on Trump's travel rules or ask the U.S. Supreme Court for a hearing.
On Friday, February 3, a federal district court in Washington issued a TRO, which halted the enforcement of President Trump’s January 27, 2017 Executive Order that suspended travel to the United States for certain foreign nationals. This TRO took effect immediately nation-wide.
On Saturday, February 4, a three-judge panel in the Ninth Circuit Court of Appeals denied the Trump administration’s motion for an immediate stay of the federal district court’s ruling and instructed the parties to submit briefs in preparation for oral arguments on Tuesday, February 7.
At present, any foreign national who was previously impacted by the travel ban can be admitted to the United States. However, this situation remains fluid and can change any day. More information on the impact of the TRO can be found in our prior alert on the topic. Seyfarth Shaw will continue to keep our clients informed on further developments.