Executive Order (EO) 13780, also known as Protecting the Nation from Foreign
Terrorist Entry into the United States, is the second version of an earlier
EO signed into law by the current president. The last version was challenged
by the ACLU where Judge James Robart of Washington issued a temporary
restraining order against it. After the 9th Circuit Court of Appeals upheld Judge Robart’s temporary restraining
order, the current administration decided to state in court that they
would replace the EO with a second one.
However, as soon as the new EO came out, most people noticed it wasn’t
much different from the previous version. It still applied against visa
applicants from all the Muslim-majority countries except for Iran for
90 days, and suspended the admission of refugees for 120 days.
On March 7, 2017, the state of Hawaii brought a civil action challenging
the EO and asking for declaratory judgment and an injunction halting the
order. The state’s attorney general, Doug Chin, stated the new order
was another excuse for a Muslim ban issued under the “pretense of
national security.” The complaint lists 8 specific causes of action,
including several violations of the 5th Amendment for Due Process and alleges that it violates the Establishment
Clause. The District Court in Hawaii placed another nationwide injunction
or hold on President Trump’s Executive Order because, among other
reasons, it found that it was likely to be successful on the merits of
violated the Establishment Clause of the U.S. Constitution. One of the
reason it found that it violated the U.S. Establishment Clause is because
it found it discriminated against the Muslim religion and cited, among
other things, President Trump’s own campaign statement calling it
a ban on Muslims. Other courts across the United States have also issued
different rulings on the revised ban, including Maryland and Virginia.
A hearing to consider an appeal is schedule for May 8th at the 4th-circuit court of appeals. The issue of whether this second Executive Order
issuing a travel ban may be appealed and eventually decided by the U.S.
Supreme Court. Therefore, if this travel ban affects you, family members
or friends, it will be important to consult with an attorney and also
continue to monitor the process of any potential future decisions by the