Ninth Circuit upholds pause on Trump executive order

A three-judge panel for the Ninth Circuit court of appeals has unanimously ruled against the federal government’s request to reinstate President Donald Trump’s executive order barring nationals of seven countries from entering the United States.

The 29-page ruling was issued just two days after the panel heard arguments on the Justice Department’s motion for an emergency stay of a lower court’s ruling to place the executive order on hold pending further litigation. In a per curiam decision, the judges upheld the ruling, saying the government had demonstrated neither a “likelihood of success on the merits” nor that keeping the lower court’s order in place would result in “irreparable injury.”

“The Government has pointed to no evidence that any alien from any of the countries named in the (executive order) has perpetrated a terrorist attack in the United States,” the judges wrote.

Trump’s executive order, issued Jan. 27, barred nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the country.

BAL Analysis: The court’s ruling means that for the time being foreign nationals should be able to enter the U.S. under the rules that were in place before the executive order was signed. Employers should note, however, that the legal battle is ongoing and that it is possible the executive order will be reinstated at some point. Employers with personnel inside the U.S. who would be subject to the travel ban should advise affected employees against travel outside the U.S. at this point. BAL is closely monitoring developments 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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