District Court Orders TRO on Second Executive Order Relating to Travel Ban and Refugee Ban
March 16, 2017
On March 15, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) on portions of President Trump’s revised Executive Order. Effective immediately, the TRO stops the government from enforcing or implementing the 90 day travel ban for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen, and the 120 ban on all refugees which were included in the March 6, 2017 revised Executive Order.
The District Court granted the TRO citing evidence of both discriminatory intent and impact, noting that there was “unrebutted evidence of religious animus,” and a "dearth of evidence indicating a national security purpose." The court concluded that the government did not make “constitutionally significant” changes to the rewritten order and that the “likelihood of irreparable injury” was high. The court will set an expedited hearing schedule to determine whether the TRO should be extended. It is likely that the Trump Administration will appeal the decision to the Ninth Circuit Court of Appeals, which has jurisdiction over the District Court for the District of Hawaii.
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