Dinse Brief: Update on Executive Order on Immigration - TRO Upheld

To: Clients and Friends of the Firm
 
Yesterday the 9th Circuit Court of Appeals upheld in all respects the national temporary restraining order (TRO) granted by US District Court in Washington State.   This is a major victory in the litigation fighting the President’s Executive Order on immigration, but it is by its nature temporary.  The TRO will remain in place for now while this particular litigation continues, allowing all affected individuals to travel for the time being.  But our ability to advise clients effectively still is severely limited by the rapidly changing legal landscape and the uncertainty of next steps.  We can expect additional court rules in this case and others and additional Executive Orders, and at this point we can’t predict what they will say.
 
Procedure – What Could Happen Next?
 
This 9th Circuit appeal came at the earliest moment in this lawsuit.  The States of Washington and Minnesota sued the federal government and requested a preliminary injunction stopping enforcement of the Executive Order until the case is resolved, which could take a year or more unless the parties settle or the case is rendered moot by withdrawal of the Executive Order.  The District Court issued an emergency TRO to last for a few days until the parties could prepare and conduct an evidentiary hearing regarding the merits of the States’ request for a preliminary injunction. The Trump administration appealed the emergency TRO.  A panel of three judges from the 9th Circuit considered the case and declined to bar the emergency TRO.  The parties had the opportunity and were encouraged to submit evidence to the 9th Circuit, for example to show that there is a significant and urgent threat of harm to the US by individuals from the listed countries.  But no such evidence was submitted, not even under seal for review by the judges only. Read More

Post by Leigh Cole

Post by Leigh Cole