Update: Litigation Regarding Executive Order

July 10, 2017

AN EXPLANATORY NOTE:  LITIGATION REGARDING EXECUTIVE ORDER 13780

“Protecting the Nation from Foreign Terrorist Entry to the United States” 

 

Subsequent to the June 26 ruling by the U.S. Supreme Court, permitting implementation, with some exceptions, of the Administration’s Executive Order banning travel from six Muslim-majority countries and suspending the U.S. Refugee Assistance Program, litigation resumed in Hawaii seeking “clarification” of these exceptions. For different reasons, both the District Court in Hawaii and the U.S. Court of Appeals for the Ninth Circuit concluded they lacked jurisdiction of the case as presented. No decisions were rendered either with respect to injunctive relief (blocking Administration implementation) or the merits of the case: the Administration’s interpretation of the “bona fide relationship” exemption to exclude certain close familial relationships and those with resettlement agencies. It is anticipated that the case will be reframed and revert to the lower court for consideration of those issues.

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