US Travel Ban (Executive Order 13769)
The US Travel Ban, formally known as Executive Order 13769, was enacted by President Donald Trump on January 27, 2017, shortly after his inauguration. This executive order aimed to temporarily block admissions from seven predominantly Muslim countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—citing national security concerns. The ban sparked widespread protests and legal challenges across the country, as many argued it discriminated against Muslims and violated constitutional protections. Federal judges issued restraining orders that halted the enforcement of the ban, leading to a legal battle that questioned its legitimacy. After approximately six weeks, the initial order was replaced by a revised travel ban, Executive Order 13780, which attempted to address some of the legal objections raised. The revised order also continued restrictions on certain refugee admissions, further fueling the controversy. The ongoing litigation and public response highlighted the complexities and tensions surrounding immigration policy and national security in the United States.
US Travel Ban (Executive Order 13769)
Date: January 27–March 16, 2017
Place: United States
Summary
Formally titled Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13769 was a controversial executive order issued by President Donald Trump a few days after his inauguration, temporarily blocking admission into the United States from seven Muslim-majority nations alleged to pose a threat to US security. The order was met with public protest and media criticism and was blocked by federal judges. It was replaced after about six weeks with a revised order, Executive Order 13780.
Key Events
- January 27, 2017—Trump issues Executive Order 13769, known colloquially as the US travel ban, which banned entry into the United States from seven Muslim-majority countries for ninety days, among other provisions.
- January 29, 2017—Federal lawsuits attempting to prevent authorities from enforcing the travel ban are filed in New York, Massachusetts, Virginia, and Washington.
- February 3, 2017—Federal judge James Robart of Washington State issues a nationwide restraining order prohibiting authorities from enforcing the main provisions of the executive order.
- February 9, 2017—The Ninth Circuit Court upholds Robart's restraining order against the travel ban.
- March 6, 2017—Trump signs a new travel ban, Executive Order 13780, which replaces the initial travel ban and attempts to address the main legal objections to it; the new order is set to take effect on March 16.
- March 15, 2017—Federal judge Derrick Watson of Hawaii issues a temporary restraining order against the new travel ban.
- March 16, 2017—Federal judge Theodore Chuang of Maryland issues a preliminary injunction on part of the revised order, arguing that it discriminates against Muslims.
Status
As of April 2017, Trump's second attempt to issue an executive order suspending entry to the United States from countries identified as terrorist threats remained in legal limbo. The Trump administration has announced it will challenge the injunction placed on the revised travel ban in March, and the administration is expected to take the case to the Ninth US Circuit Court of Appeals, which previously ruled against the initial executive order. In general, legal challenges against the travel ban allege that the ban is designed to restrict Muslims from entering the country and therefore violates constitutional protections that prohibit discrimination based on religion. The Trump administration holds that the travel ban bars immigration and visitation from countries that pose an active terrorist threat to the United States.
In-Depth Overview
Executive Order 13769 suspended all admission to the United States of people from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for a period of 90 days; it also suspended the US refugee program for people from any country for a period of 120 days, and for people from Syria indefinitely. Nationwide protests against the travel ban began at airports across the country the following day, as hundreds of individuals traveling to the United States from nations prohibited by the ban were stopped and detained at airports. Because the Trump administration had not coordinated with the Department of Homeland Security or other responsible organizations in creating the ban, there was widespread confusion over how to enforce the order. US district court judge Ann Donnelly of New York issued an emergency stay of part of Trump's executive order on January 28, ruling that legal travelers detained in airports could not be deported without violating their rights to due process and equal protection under the Constitution. On January 30, acting attorney general Sally Yates ordered the Justice Department not to defend the travel ban in court and was dismissed by Donald Trump as a result.
Several states, including Washington, filed court challenges to the executive order, and on February 3, James Robart, the US district court judge presiding in State of Washington v. Trump, issued a nationwide block on the travel ban on behalf of the plaintiffs. The case proceeded quickly to the Ninth Circuit Court of Appeals in San Francisco, where a three-judge panel heard arguments from the Trump Justice Department and opponents of the ban. On February 9, the court ruled unanimously that the Trump administration had failed to prove that the ban was necessary or sufficient to enhance national security and that the Trump administration was using national security as an excuse to enact a policy based on religious discrimination.
On March 6, Trump signed a new travel ban, Executive Order 13780, scheduled to take effect in ten days. The new order replaced the previous one and removed Iraq from the list of affected countries, as the original order had controversially restricted entry to the United States by Iraqis who received special visas for assisting the US military in Iraq. More broadly, the revised order permitted entry to any person with a valid visa; previously, even people with valid visas were barred entry if they were from any of the seven listed countries. It also continued the 120-day suspension of the refugee program but dropped the indefinite suspension for Syrian refugees.
The state of Hawaii challenged the new executive order on March 8, on largely the same grounds as challenges to the previous order, claiming that the order called for state agencies to violate constitutional guarantees and represented a threat to Hawaii's economy. A week later, US District Court judge Derrick Watson issued a temporary restraining order preventing the executive order from taking effect. The following day, US District Court judge Theodore Chuang issued a nationwide preliminary injunction against the executive order.
Key Figures
Theodore Chuang: US District Court judge who ruled against the second US travel ban.
James Robart: US District Court judge who issued the first restraining order against Executive Order 13769.
Donald Trump: President of the United States.
Derrick Watson: US District Court judge who ruled against the first executive order.
Bibliography
Allen, N., Sherlock, R., Lawler, D., and Palazzo, C. (2017, February 10). Donald Trump travel ban: US judges refuse to reinstate his executive order—president lashes out: "I'll see you in court." The Telegraph. Retrieved from http://www.telegraph.co.uk/news/2017/02/10/donald-trump-us-travel-ban-live/
Berman, R. (2017, January 29). How the political world is reacting to Trump's immigration order. The Atlantic. Retrieved from https://www.theatlantic.com/politics/archive/2017/01/republican-democrat-reaction-trump-refugee-ban-executive-order/514901/
Ellis, R. (2017, January 28). Protesters mass at airports to decry Trump's immigration policies. CNN Politics. Retrieved from http://www.cnn.com/2017/01/28/politics/us-immigration-protests/index.html
Gomez, A. (2017, March 30). Hawaii judge extends halt on Trump travel ban. USA Today. Retrieved from https://www.usatoday.com/story/news/world/2017/03/29/hawaii-judge-extends-halt-trump-travel-ban/99793954/
McGraw, M., and Kelsey, A. (2017, March 16). A timeline of Trump's immigration executive order and legal challenges. ABC News. Retrieved from http://abcnews.go.com/Politics/timeline-president-trumps-immigration-executive-order-legal-challenges/story?id=45332741
Wang, A. B. (2017, January 29). Trump asked for a "Muslim ban," Giuliani says—and ordered a commission to do it "legally." The Washington Post. Retrieved from https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/