District Judge Issues Temporary Restraining Order Against Two Provisions of President Trump's March 6 Travel Order

On March 15, 2017, Judge Derrick K. Watson of the United States District Court for the District of Hawaii issued a temporary restraining order against sections 2 and 6 of President Donald Trump's Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States” (“Travel Order”). The decision is titled Hawaii v. Trump, CV No. 17-0050.

Section 2 of the Travel Order, which was scheduled to take effect on March 16, 2017, provides for the temporary suspension of entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen. Due to the imposition of the temporary restraining order, the suspension entry of such nationals will not take effect as planned on March 16, 2017. Please see our full article to read a comprehensive discussion of section 2 of the Travel Order and related provisions discussing where the suspension does not apply and available waivers [see article].

Section 6 of the Travel Order, which was scheduled to take effect on March 16, 2017, provides for the temporary suspension of refugee travel and final decisions on applications for refugee status for a period of 120 days. Due to the imposition of the temporary restraining order, the suspension of the United States Refugee Admissions Program (USRAP) will not take effect as planned on March 16, 2017. Please see our full article to learn about the provisions of the Travel Order relating to refugees in more detail [see article].

It is important to note that other aspects of the Travel Order are not affected. Notably, this means that enhanced vetting for applicants from Iraq (section 4) and the suspension of the Visa Interview Waiver Program (section 9) remain in effect. This is in part because section 15 of the Travel Order provides for the severability of any provisions or specific applications of the Order that are struck down by the judiciary from unaffected portions of the order.

Please continue to follow our website for further updates on the litigation surrounding President Trump's Travel Order.