An Executive Order signed by President Trump on Monday, March 6, 2017 suspends entry by citizens and nationals of six countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen -- for at least 90 days from the new order’s effective date of March 16, 2017. The March 6, 2017 Executive Order (EO) expressly revokes and replaces EO 13769 of January 27, 2017, which banned travel by nationals of seven countries, including Iraq, which is not designated in the new EO.
USCIS temporarily suspends Premium Processing Service for H-1B petitions
News Release from Jewell Stewart & Pratt – March 3, 2017 On March 3, 3017, USCIS announced that starting April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017, including all FY18 cap-subject H-1B petitions, including regular, master’s advanced degree, and cap-exempt cases. While premium processing is suspended, petitioners may submit a request to expedite an H-1B petition if they meet certain criteria. USCIS indicated that it needs the suspension to focus on reducing backlogs and processing times.
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Revised travel ban delayed again
News Release from Jewell Stewart & Pratt – March 1, 2017 According to reports on March 1, 2017, the White House has further delayed issuing its revised travel ban. News reports on February 28th and March 1st indicate that the new ban will exclude Iraq from the list of seven countries whose citizens are to be banned, and that the ban will not apply to U.S. permanent residents and existing visa holders. Reportedly, the revised ban will have a “phased-in” approach to minimize disruption to travelers in transit. These reports have not been confirmed or denied in official government statements.
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New travel ban to be issued on Wednesday, March 1
News Release from Jewell Stewart & Pratt – February 27, 2017 As of February 27, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released on Wednesday, March 1. To date, there are no confirmed reports of what the revised ban will entail. We are watching closely for developments.
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Immigration enforcement and travel ban updates
News Release from Jewell Stewart & Pratt – February 23, 2017 On Monday, February 20, 2017, the U.S. Department of Homeland Security (DHS) issued two memoranda to its sub-agencies concerning immigration enforcement and in particular the agency’s plans for implementing President Trump’s two Executive Orders related to U.S. border and interior enforcement. The DHS memoranda rescind and replace all previous agency guidance regarding enforcement priorities against undocumented immigrants (with the exception of President Obama’s Dreamer and DACA/DAPA orders), expanding the pool of persons prioritized for removal to include undocumented immigrants who have been charged with (not necessarily convicted of) any criminal offense, or who have “committed acts” that constitute a chargeable offense. The memoranda also end long-standing protections to children, massively expand immigration detention, and call for the hiring of thousands of ICE and CBP officers. Further commentary is available here.
As of February 23, 2017, a revised “travel ban” has not been released by the White House. Reports indicate that it may be released in the week of February 27th. To date, there are no confirmed reports of what the revised ban will entail.
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White House intends to issue new travel ban
News Release from Jewell Stewart & Pratt – February 16, 2017 In briefing filed with the Ninth Circuit Court of Appeals on February 16, 2017, the White House indicated that it was not seeking further review of the travel ban that was part of Executive Order 13769. Instead, it stated that it intends to issue a new Executive Order intended to “eliminate . . . constitutional concerns” with the initial order. If a new Executive Order is released, it would likely moot the existing litigation.
We are watching closely for developments related to the litigation and any new Executive Orders related to travel. In the meantime, unless/until a new Executive Order is released and the litigation is vacated by a court, all U.S. land and air ports of entry are prohibited from enforcing Executive Order 13769 until further orders from a court.
Update: On February 16th the Ninth Circuit issued an order stating that en banc proceedings are stayed pending further orders of the court. President Trump stated in a news conference that the new executive order would be issued next week.
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Next steps in the travel ban litigation
News Release from Jewell Stewart & Pratt – February 14, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay. The order barring implementation of the travel and refugee ban therefore remains in place.
On February 10, a Ninth Circuit judge made a sua sponte request that a vote be taken as to whether the order issued by the three-judge panel on February 9 should be reconsidered en banc. Briefs on whether the matter should be reconsidered en banc are due by February 16. Therefore, February 16 is the earliest date on which a Ninth Circuit decision regarding re-hearing the February 9 panel decision would be issued.
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Next steps in the travel ban litigation
News Release from Jewell Stewart & Pratt – February 10, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay, finding that it failed to show a likelihood of success on the merits of its appeal, and that it also failed to show that the lack of a stay would cause irreparable injury. Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.
In terms of next steps, the U.S. District Court for the Western District of Washington has ordered all briefing associated with the State of Washington and State of Minnesota’s motion for preliminary injunction to be completed by Friday, February 17, 2017. A hearing on the preliminary injunction has not yet been scheduled. In the meantime, the White House may seek Supreme Court intervention although five of the current 8 justices would need to vote to overturn the Circuit Court’s decision (a 4-4 split would simply re-affirm the Circuit Court’s decision).
Update: According to reports, the White House won’t immediately appeal to the Supreme Court, but the Ninth Circuit may re-hear the case en banc.
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Ninth Circuit denies White House motion to re-instate travel ban
News Release from Jewell Stewart & Pratt – February 9, 2017
On February 9, 2017, the Ninth Circuit Court of Appeals denied the White House’s motion to re-instate the travel ban in Executive Order 13769.
The United States District Court for the Western District of Washington’s temporary restraining order, prohibiting the federal government from enforcing the travel ban on a nationwide basis, is still in place. All U.S. land and air ports of entry are prohibited from enforcing the Executive Order until further orders from the court.
© Jewell Stewart & Pratt PC 2017
Temporary restraining order prohibiting enforcement of Executive Order 13769 still in place
News Release from Jewell Stewart & Pratt – February 8, 2017
The United States District Court for the Western District of Washington’s temporary restraining order, prohibiting the federal government from enforcing the travel ban in Executive Order 13769 of January 27, 2017 on a nationwide basis, is still in place.
The White House’s motion for a stay of the District Court’s decision to lift the travel ban, before the Ninth Circuit Court of Appeals, is expected to be ruled on this week. In the meantime, all U.S. land and air ports of entry are prohibited from enforcing the Executive Order until further orders from the court.
© Jewell Stewart & Pratt PC 2017