On March 6, 2017, President Trump signed Executive Order 13780, entitled “Protecting the Nation from Terrorist Entry into the United States.” Section 2(c) of the executive order includes a revised entry ban on nationals of 6 countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen).
The new executive order set a 90-day entry bar on certain nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen. The 90-day period would start on the executive order’s effective date, March 16, 2017 at 12:01 a.m. eastern time (10 days after the Executive Order was signed). This 90-day period would end on June 13 or 14, 2017, depending on whether you count the first and last days of the 90-day period.
Section 13 of Executive Order 13780 also provides that “Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order.”
Court orders from two U.S. District Courts (Maryland and Hawai’i) temporarily prevent the Government from enforcing the Section 2(c) 90-day entry bar of Executive Order 13780. The Hawai’i Court’s preliminary injunction prevents enforcement of all of Section 2 of the executive order, which includes a block on the prospective “indefinite” entry bar of Section 2(e) as well. The Government has already appealed both the Maryland and Hawai’i orders.
On March 16, 2017, the U.S. District Court in Maryland issued a nationwide preliminary injunction, preventing the Government from enforcing Executive Order 13780’s 90-day entry bar, which had been scheduled to go into effect on March 16, 2017. Also read the court opinion supporting the preliminary injunction order.
On March 24, 2017, the U.S. District Court in Virginia denied plaintiffs’ motion for a temporary restraining order on Executive Order 13780, finding the executive order’s entry bars to be within the authority of a president. The orders issued by the Maryland and Hawai’i, however, continue to block enforcement nationwide of the section 2(c) 90-day entry bar and the section 6 120-day refugee admissions bar.
On March 29, 2017, the U.S. District Court in Hawai’i converted its March 15, 2017 temporary restraining order (which was valid for a maximum of 14 days), into a preliminary injunction, which will continue to block enforcement of the Section 2(c) 90-day travel bar and the Section 6 120-day refugee admissions bar for the duration of the litigation in the Hawai’i District Court. The preliminary injunction also continues to block all of Section 2 of the executive order, including the prospective “indefinite” entry bar of Section 2(e). The Government appealed this court order on March 30, 2017. On April 3, 2017, the Court granted the Government’s unopposed motion to expedite consideration of the Government’s March 31, 2017 motion for a stay of the District Court’s preliminary injunction and the Government’s underlying appeal of the injunction, and set an April-May appeal calendar.
Other sections of Executive Order 13780 that are not enjoined by court order became effective at 12:01 a.m. eastern time on March 16, 2017.