On the eve of its taking effect, President Donald Trump’s third attempt at a travel ban has been blocked by the District Court in Hawaii.

On October 17, 2017, Judge Derrick Watson granted a nationwide temporary restraining order holding that the newest travel ban executive order (dubbed “EO-3”) suffered the same legal maladies as its predecessor: “it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States’ . . . [a]nd EO-3 plainly discriminates based on nationality.” Judge Watson had granted injunctive relief blocking Trump’s second iteration of the travel ban.

Signed on September 24, 2017, the third travel ban placed various indefinite restrictions on the entry of nationals from Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela. The Judge’s Order does not block the restrictions on North Korea and Venezuela because those were not challenged by the State of Hawaii in its Third Amended Complaint.

The White House stated that this new ruling was “dangerously flawed” and “undercuts the President’s efforts to keep the American people safe . . . .”

Judge Watson has promised an expedited hearing schedule. The Department of Justice has stated that it would appeal expeditiously. In the meantime, the Department of State has instructed Embassies and Consulates abroad to disregard EO-3 for now and resume the processing of visas for nationals from Chad, Iran, Libya, Somalia, Syria, and Yemen.

Other cases challenging EO-3 are pending, and late Tuesday evening in a related case, District Court Judge Theodore Chuang of Maryland issued an order granting a preliminary injunction blocking the travel ban, finding it was the “inextricable re-animation of the twice-enjoined Muslim ban.”

 

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.

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