QUESTION: What has happened with this Muslim ban per the executive order?
Answer: Just a few days ago, a U.S. District Court Judge ruled that it was unconstitutional and would cause irreparable injury and ordered a nationwide injunction on the execution of the the ban. In essence, this Judge gutted the executive order and all locations in the entire U.S. cannot abide by its terms.
This is a ‘preliminary’ or ‘temporary’ injunction. This means that while the actual case is going forward for final decision (or until it becauses final after all of the appeals) that it cannot be put into effect. Today, all sides or legally briefing the issue so that a decision can be made on this matter.
In a stunning rebuke, a federal judge in Seattle has ordered a national halt to enforcement of President Trump’s controversial travel ban on citizens from seven predominantly Muslim nations. U.S. District Judge James Robart ruled Friday afternoon in favor of Washington Attorney General Bob Ferguson, who sued this week to invalidate key provisions of Trump’s executive order.
Robart granted Ferguson’s request for a temporary restraining order “on a nationwide basis,” prohibiting federal employees from enforcing Trump’s order. The judge rejected arguments from Justice Department attorneys who said the travel ban fell well within the president’s national-security powers.
Question: Did Trump appeal this?
Answer: Yes, the Department of Homeland Security appealed the order and the Ninth Circuit Court of Appeals agreed with the U.S. District Court order. Now, it is up for final briefing. Note that there are 97 big companies such as Microsoft and Apple which states that the ban hurts their business and does not allow them to petition to qualified and talented persons to work at their companies.
Question: Is Trump tweeting against this judge who ruled against him?
Answer: Yes, he wrote the following: “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
Thus, it would seem that Trump will try to attack this Judge as he has done other Judges who do not rule in his favor. However, the checks and balances on the balance of power is working. A President cannot issue orders that are unconstitutional and in violation of the First Amendment and Equal Protection Clauses of the United States. A District Court Judge who was appointed by President Bush and is Republican himself ruled against Trump.
Hopefully, we will see that the checks and balances of power continue to provide a sufficient basis where one part of government (i.e. the executive branch) does not violate its power and try to issue orders in violation of the U.S. Constitution.
* * *
Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
