MORE LUMPS FOR TRUMP FROM LOWER COURT ON REFUGEE BAN!

http://thehill.com/homenews/administration/366337-federal-judge-partially-lifts-trump-ban-on-refugees

Jesse Byrnes and Julia Manchester report for The Hill:

“A federal judge in Seattle has partially lifted a ban on certain refugees imposed by the Trump administration.

U.S. District Judge James Robart issued a ruling on behalf of the American Civil Liberties Union (ACLU) and Jewish Family Service on Saturday.

The groups had urged the judge, an appointee of former President George W. Bush, to halt the ban on refugees from some majority-Muslim nations.

Robart ruled that the federal government should process certain refugee applications, saying his order doesn’t apply to refugees who do not have a “bona fide” relationship with an individual or an entity in the U.S.

The ban originally went into effect after the president issued an executive order reinstating the refugee program “with enhanced vetting capabilities” in October.

The ACLU argued that a memo sent to the president from Secretary of State Rex Tillerson, acting Homeland Security Secretary Elaine Duke and Director of National Intelligence Daniel Coats saying certain refugees should be banned unless security was enhanced did not provide enough evidence for why more security was needed.

The judge wrote Saturday that “former officials detailed concretely how the Agency Memo will harm the United States’ national security and foreign policy interests” and said his ruling restores “refuge procedures and programs to the position they were in prior” to the ban, which he noted included thorough vetting of individuals traveling to the U.S.

The lawsuits stemming from the ACLU and Jewish Family Services were consolidated and involved refugees who have been blocked from coming to the U.S.”

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Read the complete article over at The Hill at the link.

Like other recent lower court rulings against the Travel Ban, I expect this will be largely a “symbolic victory” for the plaintiffs. Based on the Supremes’ actions on other “Travel Ban”  cases to date, I expect that the Administration will eventually prevail in its effort to restrict refugee admissions from abroad.

PWS

12-26-17

BREAKING: WashPost: 9th Circuit Schedules Oral Argument On Trump Administration’s Stay Request For Tomorrow (Tuesday, Feb. 7) AT 6 PM (EST)!

https://www.washingtonpost.com/world/national-security/opposition-to-trump-travel-ban-grows-as-key-court-decision-looms/2017/02/06/d766ec7c-ec74-11e6-9662-6eedf1627882_story.html?hpid=hp_rhp-top-table-main_trumpban-1120am:homepage/story&utm_term=.c219ca3156ae

The Washington Post reports tonight:

“A federal appeals court will hear arguments Tuesday at 6 p.m. Eastern on whether to restore President Trump’s controversial immigration order, which a lower court judge has temporarily put on hold.

The scheduling of the hearing came as Justice Department lawyers on Monday made what is likely their final pitch to a federal appeals court to immediately restore President Trump’s controversial immigration order, while tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.

“The Executive Order is a lawful exercise of the President’s authority over the entry of aliens into the United States and the admission of refugees,” Justice Department lawyers wrote.”

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According to NBC 4 News tonight, the DOJ also has a “Plan B” up its sleeve to present to the Ninth Circuit:  limit the scope of Judge Robart’s TRO to those already in the U.S.

As I emphasized to my students at Georgetown Law, when dealing with asylum and immigration issues, “It’s always wise to have Plan B.”

For those who want to tune in to the oral argument tomorrow, it’s streaming live on the 9th Circuit’s website:  https://www.ca9.uscourts.gov/

 

PWS

02/06/17

 

 

BREAKING: 9TH CIR. Denies Gov’s Request For Immediate Stay Of Judge Robart’s Order, But Orders Expedited Briefing!

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED

FEB 04 2017

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STATE OF WASHINGTON; STATE OF MINNESOTA,

Plaintiffs-Appellees,

v.

DONALD J. TRUMP, President of the United States; et al.,

Defendants-Appellants.

No. 17-35105

D.C. No. 2:17-cv-00141 Western District of Washington, Seattle

ORDER

Before: CANBY and FRIEDLAND, Circuit Judges.
The court has received appellants’ emergency motion (Docket Entry

No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.

Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

MOATT

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Here’s what it means. The Government has appealed o the 9th Circuit Court of Appeals from Judge Robart’s TRO suspending enforcement of the Executive Order on visas and refugees. The Government requested an “immediate emergency stay” of the Judge’s TRO pending appeal. The 9th Circuit rejected the Government’s request for an “immediate” emergency stay (probably because it would have been “ex parte,” that is, without giving the other side a chance to respond).

However the 9th Circuit did order the State of Washington (and other parties opposing the stay) to file a response by noon today (Super Bowl Sunday), and also ordered the Government to respond to that filing by 3:00 PM tomorrow (Monday).

The 9th Circuit’s denial of the “immediate” emergency stay is not a “ruling on the merits” of the appeal or even the request for emergency stay. It just means that the 9th Circuit wanted additional information from both parties before deciding whether or not to grant the emergency stay pending appeal.

The Government’s request for emergency stay thus remains “alive” and could be granted (or denied) after the 9th Circuit has had a chance to review the legal arguments on both sides.

The reporting on this so far has been pretty confusing. Hope this helps straighten things out.

PWS

02/05/17