Federal Court Blocks President Trump’s Travel Ban

Events Relating to Washington State and Minnesota Challenge to Executive Order 13769

AILA Doc. No. 17013107 | Dated February 10, 2017


February 10, 2017

A judge has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017, should be reconsidered en banc. Briefs with respective positions on whether this matter should be reconsidered en banc are due by February 16, 2017. (Washington v. Trump, 2/10/17)

February 9, 2017

In a per curiam order, the Ninth Circuit denied the federal government’s emergency motion for a stay, finding that it failed to show a likelihood of success on the merits of its appeal and that failure to stay the TRO would cause irreparable injury. (Washington v. Trump, 2/9/17)

February 7, 2017

A three-judge panel of the Ninth Circuit will hear oral argument today, February 7, 2017, at 3:00 pm (PST).

February 6, 2017

Joint declaration by Madeleine K. Albright, Avril D. Haines, Michael V. Hayden, John F. Kerry, John E. McLaughlin, Lisa O. Monaco, Michael J. Morell, Janet A. Napolitano, Leon E. Panetta, and Susan E. Rice stating, “We all agree that the United States faces real threats from terrorist networks and must take all prudent and effective steps to combat them, including the appropriate vetting of travelers to the United States. We all are nevertheless unaware of any specific threat that would justify the travel ban established by the Executive Order issued on January 27, 2017. We view the Order as one that ultimately undermines the national security of the United States, rather than making us safer. In our professional opinion, this Order cannot be justified on national security or foreign policy grounds.”

February 4, 2017

The Ninth Circuit Court of Appeals denied the DOJ’s request for an immediate administrative stay. The court set the following schedule: Washington State and Minnesota’s opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST and DOJ’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

February 4, 2017

The Department of Justice filed an emergency motion under Circuit Rule 27-3 for administrative stay and motion for stay pending appeal, and requested that the Court enter a stay pending appeal of the district court’s February 3, 2017, injunctive order.

February 3, 2017

Nationwide temporary restraining order granted in Washington State and Minnesota’s challenge to President Trump’s executive order banning Muslims and refugees. Judge James L. Robart wrote, “The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government.” (State of Washington v. Trump, 2/3/17)

February 1, 2017

The state of Minnesota joined the lawsuit and an amended complaint was filed. (State of Washington v. Trump, 2/1/17)

January 30, 2017

The state of Washington filed a lawsuit in federal court challenging President Trump’s 1/27/17 Executive Order on constitutional grounds, as well as claims that it violates the INA, the Foreign Affairs Reform and Restructuring Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. The state also filed a motion asking the court to grant a nationwide temporary restraining order. (State of Washington v. Trump, 1/30/17)

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