On Thursday, February 9, 2017, the United States Court of Appeals for the Ninth Circuit issued a unanimous decision that refused to reinstate President Trump's Executive Order banning travelers from certain countries. As a result of the decision, the Temporary Restraining Order issued by the federal district court in Seattle continues to be in effect. For the time being, travel will continue as before, visas will continue to be issued, and USCIS will continue to adjudicate petitions filed on behalf of individuals from the listed countries.
It is important to note that there have been no decisions by any courts regarding the legality of the Executive Order. At this point the only issue at stake in this case is whether the temporary suspension of the ban should remain in effect while the case is considered by the court.
The Trump administration may choose to pursue an appeal to the Supreme Court but we have yet to see if this is the option it will choose. Another option it could pursue is to issue an entirely new Executive Order that may be more narrowly tailored to protect against legal challenge. There are some indications that this latter option is being seriously considered.
Please stay tuned for further updates on this fast-changing issue. This post reflects the current state of affairs as of February 11, 2017.
If you have questions for an Albany immigration lawyer about the Executive Order travel ban or another immigration matter, please contact the Law Office of Brian Wang.