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International Refugee Assistance Project v. Trump

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International Refugee Assistance Project v. Trump is a 2017 decision of the United States Court of Appeals for the Fourth Circuit upholding an injunction against enforcement of Executive Order 13780, titled "Protecting the Nation from Foreign Terrorist Entry into the United States", an executive order signed by United States President Donald Trump on March 6, 2017. The order places limits on travel to the U.S. from certain countries, and by all refugees who do not possess either a visa or valid travel documents. According to its terms on March 16, 2017, this executive order revoked and replaced Executive Order 13769 issued January 27, 2017.

History

On March 15, 2017, Judge Derrick Watson of the United States District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing several key provisions of the order (Sections 2 and 6). By taking into account evidence beyond the words of the executive order itself, the judge reasoned the executive order was likely motivated by anti-Muslim sentiment and thus breached the Establishment Clause of the United States Constitution. On the same date, Judge Theodore Chuang of the United States District Court for the District of Maryland, who was formerly Deputy General Counsel for the United States Department of Homeland Security, reached a similar conclusion, issuing a temporary restraining order that blocked the revised executive order's section 2(c), which would have banned travel to the U.S. by citizens from six designated countries.[1][2]

The basis of Judge Chuang's order is violation of the Establishment Clause of the United States Constitution. Judge Chuang also noted that the order was in violation of the Immigration and Nationality Act of 1965, which modifies the Immigration and Nationality Act of 1952 to say "No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence," but only in that it placed a ban on immigrant visa issuance based on nationality. Judge Chuang noted that the statute does not prohibit the President from barring entry into the United States or the issuance of non-immigrant visas on the basis of nationality.[2][3] The Trump Administration appealed the ruling to the United States Court of Appeals for the Fourth Circuit, which scheduled oral argument for May 8; the Justice Department has said it will file a motion to encourage the court to rule sooner.[4] On Friday, March 31, approximately 30 top U.S. universities filed an amicus brief with the Fourth Circuit opposing the travel ban.[5][6]

The Department of Justice stated that it "will continue to defend [the] Executive Order in the courts".[7] Shortly following arguments from the state of Hawaii and the Department of Justice, the restraining order was converted by Watson into an indefinite preliminary injunction on March 29.[8][9]

On May 8, acting Solicitor General of the United States Jeffrey Wall and American Civil Liberties Union attorney Omar Jadwat appeared before the 13-judge en banc Fourth Circuit for two hours of oral arguments in Richmond, Virginia's Lewis F. Powell Jr. United States Courthouse. Judges J. Harvie Wilkinson III, whose daughter is married to Wall, and Allyson Kay Duncan recused themselves.[10][11]

Opinion of the Fourth Circuit

On May 25, the Fourth Circuit upheld the March ruling of the Maryland district court, continuing the block of the travel ban.[12][13]

Chief Judge Roger Gregory wrote the majority opinion, joined in full by judges Diana Gribbon Motz, Robert Bruce King, James A. Wynn Jr., Albert Diaz, Henry Franklin Floyd, and Pamela Harris. Judge William Byrd Traxler Jr. concurred in the judgment only, and Judges Barbara Milano Keenan and Stephanie Thacker concurred in substantial part and concur in the judgment.

Judge Dennis Shedd wrote a dissenting opinion, joined by judges Paul V. Niemeyer and G. Steven Agee.

References

  1. ^ Burns, Alexander; Hirschfeld Davis, Julie; Gately, Gary; Robbins, Liz; Tanabe, Barbara; Chokshi, Niraj (March 15, 2017). "2 Federal Judges Rule Against Trump's Latest Travel Ban". The New York Times. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  2. ^ a b Chuang, Theodore D. (March 15, 2017). "Memorandum Opinion". Docket No. 149
  3. ^ Bier, David (March 17, 2017). "Court Rules the President Violated the 1965 Law with Executive Order". The Cato Institute.
  4. ^ Kaleem, Jaweed (March 23, 2017). "Trump's travel ban could remain blocked for weeks". The Los Angeles Times. {{cite news}}: Cite has empty unknown parameter: |1= (help); Italic or bold markup not allowed in: |publisher= (help)
  5. ^ Shackner, Bill (March 31, 2017). "CMU among 31 schools filing amicus brief on Trump travel ban". The Pittsburgh Post Gazette. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  6. ^ Allen, Evan (April 1, 2017). "Seven Mass. universities join court brief against Trump travel ban". The Boston Globe. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  7. ^ Gonzales, Richard (March 15, 2017). "Trump Travel Ban Blocked Nationwide By Federal Judges In Hawaii, Maryland". NPR. Washington, D.C.: Corporation for Public Broadcasting. Retrieved 16 March 2017. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  8. ^ "Donald Trump's travel ban suffers fresh court setback". Financial Times. London: The Nikkei. March 30, 2017. Retrieved March 30, 2017. {{cite news}}: Unknown parameter |subscription= ignored (|url-access= suggested) (help)
  9. ^ Werner, Erica; Jalonick, Mary Clare (March 29, 2017). "Federal judge in Hawaii extends order halting Trump's travel ban". Chicago Tribune. Chicago: Tronc, Inc. Retrieved March 30, 2017.
  10. ^ Adam Liptak (9 May 2017). "Judges Weigh Trump's 'Muslim Ban' Remarks at Appeals Court Hearing". The New York Times. p. A15. Retrieved 16 May 2017.
  11. ^ "Fourth Circuit Hears Oral Argument on Travel Ban". C-SPAN.org. 8 May 2017. Retrieved 16 May 2017.
  12. ^ Laughland, Oliver (May 25, 2017). "Block on Trump travel ban upheld by federal appeals court". The Guardian. Retrieved May 25, 2017.
  13. ^ "Appeals Court Will Not Reinstate Trump's Revised Travel Ban". The New York Times. 25 May 2017. {{cite news}}: Italic or bold markup not allowed in: |work= (help)
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