Washington District Court Issues a Blow to Trump’s Travel Ban
On Friday February 3, the United States District Court for the Western District of Washington issued a temporary restraining order (TRO) against Trump’s executive order travel ban. The executive order temporarily prohibits travel to the U.S. of immigrants, nonimmigrants and refugees from Iran, Iraq, Syria, Libya, Sudan, Yemen and Somalia. Trump’s travel ban was shocking in that it represents the most blatant nationality discrimination we have seen in this country in decades.
Sections of the Executive Order Trumped by the TRO
The TRO prohibits enforcement of the following sections of Trump’s executive order:
- 3(c) – 90-day travel ban on “immigrants and nonimmigrants” from designated countries
- 5(a) – 120-day ban on U.S. refugee program
- 5(b) – prioritization of certain refugee claims (notably, Christian minorities)
- 5(c) – indefinite suspension of Syrian refugee admissions
- 5(e) – case-by-case refugee admissions
What the TRO Means For Trump’s Executive Order
Even though it was issued by a Washington Federal District Court, the TRO applies nationwide. As a result, Customs and Border Protection (CBP) (the agency in charge of enforcing the ban at airports) has been instructed to immediately resume inspection of travelers from the designated countries using standard procedures. International airlines and terminal operators in foreign countries have also been advised to permit boarding of all passengers regardless of nationality.
It is important to remember that this is only a temporary order. Courts issue TROs when they feel a need to protect a group from immediate harm until a final decision in a case can be reached.
Let us hope the TRO becomes permanent. Not only does the travel ban squarely discriminate against people who we have previously granted rights to, based on nothing more than their country of origin, but it represents a frightening contradiction of the core principles this country was founded on. What message does Trump’s travel ban send the rest of the world? That we are so frightened of ISIS that we are shutting all our doors and turning on each other? If that is our reaction, who is winning this war?
Keep pace with our coverage of Trump’s immigration policy as we offer our take. Not sure how the latest changes impact you? Feel free to contact us.