Trump administration to appeal ruling on revised Executive Order

The Trump administration has notified a federal court in Maryland that it will appeal a judge’s ruling blocking the administration’s new Executive Order on travel from taking effect.

Federal courts in Maryland and Hawaii ruled this week to block the Executive Order from being implemented. In both cases, the judges concluded that an injunction blocking enforcement of the order was appropriate after determining that plaintiffs had demonstrated a strong likelihood of success on the merits of their cases.

The administration’s decision to appeal the Maryland ruling means that a three-judge panel for the Fourth Circuit Court of Appeals will hear the appeal.

Trump’s March 6 Executive Order would temporarily halt visa issuance to nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen. It was issued after a broader Executive Order, signed in late January, stalled in federal court.

BAL Analysis: The March 6 order is not currently being enforced, and foreign nationals should be able to enter the U.S. under the rules that were in place before it was signed. Litigation is ongoing, however, and employers with personnel who are covered by the March 6 order should continue to advise their employees to exercise caution when planning travel. BAL continues to closely watch developments on this matter and will update clients on any changes.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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