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U.S. Federal Appeals Court Maintains Injunction On President Trump’s Travel Ban

25 May

Today the U.S. Court of Appeals for the Fourth Circuit in Virginia published an opinion on International Refugee Assistance Project v. Trump, a case challenging what has been referred to as President Trump’s travel ban based on a previous Executive Order. The appeals court in a 10-3 decision ruled that the current injunction on the travel ban be kept in place. This means that the injunction against the implementation of President Trump’s March 6, 2017, Executive Order temporarily banning travel to the United States by foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen will remain in place and that there continues to be no formal travel ban for individuals from these six countries.

A similar challenge against the injunction on the travel ban is currently pending in the U.S. Court of Appeals for the Ninth Circuit in California. This separate case stems from the U.S. District Court for the District of Hawaii’s issuance of a Temporary Restraining Order (TRO) against the travel ban. As long as one nationwide injunction on the implementation of the travel ban remains in place the President’s Executive Order cannot go into effect.

It is possible that the Federal Government will continue to litigate the ultimate legality of the travel ban and seek review by the U.S. Supreme Court. Foster will continue to monitor the litigation and will provide updates as they become available via Foster’s website at www.fosterglobal.com, and via future Immigration Updates©.