by Farhad Sethna, Attorney, © 2017
Date: February 5, 2017. Early Sunday morning the 9th Federal Circuit upheld a District court judge’s reversal of Trump’s executive order barring refugees, permanent residents, and aliens from 7 countries from the US.
To explain: Jan 27: Trump issues executive order barring refugees, and others; the very next day lawyers in several jurisdictions file lawsuits, and obtain injunctions (orders) from the courts preventing the executive order from being implemented. Some courts go so far as to declare that refugees be allowed to enter the USA, and aliens detained in airports be allowed to go free.
Later in the week attorneys for the states of Washington and Minnesota file a lawsuit in Seattle. Judge James Robart, the federal judge appointed to the case cited a February 2015 nationwide injunction by a federal judge in Harlingen, Texas as authority for his own ruling: that the travel ban was unconstitutional, and should be rejected NATIONWIDE. In other words, DHS could NOT prevent anyone who was the subject of Trump’s executive order from entering the USA.
The Department of Justice, on behalf of Trump, immediately appealed shortly after midnight on Sunday, February 5.
Hence, the Appeals Court (who knew they worked so early Sunday mornings?!) issued a ruling upholding the District Court’s decision.
The case could be set for a hearing before the full bench of the 9th Circuit, or could now go to the Supreme Court……
To those who believe the judge overstepped his bounds (by the way – note to Trump, who critized the ruling from the “so-called judge” who issued the injunction: disparaging a Federal judge is never a good idea), there is precedent for Judge Robart’s decision: Obama’s executive order expanding his DACA program and creating the DAPA program was similarly enjoined. The decision was upheld by the 5th Circuit, which kept the case in limbo for months to schedule a rehearing. The 5th Circuit then upheld the district court decision and the case went to the US Supreme court, where it foundered because of the 4-4 deadlock caused by Justice Scalia’s death earlier in the year. What’s good for Obama ought to be good for Trump too, right? Its called legal precedent.
About the author: Attorney Farhad Sethna has practiced law for over 25 years. Since 1996, he has been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio. He is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. With offices in Cuyahoga Falls, Akron and Dover, Ohio, Attorney Sethna represents clients in all types of immigration cases. Our number is: (330)-384-8000. Please send your general immigration questions to AttorneySethna@immigration-america.com. We will try to answer as many questions as possible.