Skip to main content

January 27, 2017

Courts Block Trump's Travel Ban After Nationwide Airport Chaos

U.S. Court of Appeals for the Ninth Circuit
Congressional Research Service
Equal Justice Initiative
Wikipedia
Wikipedia
+30

Executive Order 13769, signed January 27, 2017, banned entry for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days

Over 700 travelers detained at airports within 24 hours, up to 60,000 visas provisionally revoked by State Department

Washington AG Bob FergusonBob Ferguson filed lawsuit January 30, 2017; Judge James Robart issued nationwide restraining order February 3

Judge Derrick Watson (Hawaii) blocked second travel ban March 15, 2017, citing Trump's own statements as evidence of anti-Muslim animus

Supreme Court upheld third ban 5-4 in Trump v. Hawaii (June 26, 2018) using rational basis review

Order cut 2017 refugee admissions from Obama's 110,000 target to 50,000 cap, indefinitely suspended Syrian refugees

Justice Sotomayor dissent compared ruling to Korematsu internment case: 'redeploys the same dangerous logic'

ACLU filed Darweesh v. Trump within hours of ban; federal court granted nationwide injunction by evening of January 28

People, bills, and sources

Bob Ferguson

Bob Ferguson

Washington State Attorney General

Judge James Robart

U.S. District Judge, Western District of Washington

Judge Derrick Watson

U.S. District Judge, District of Hawaii

Chief Justice John Roberts

Chief Justice John Roberts

U.S. Supreme Court Chief Justice

Justice Sonia Sotomayor

U.S. Supreme Court Associate Justice

Hameed Khalid Darweesh

Iraqi interpreter for U.S. military, lead plaintiff in ACLU lawsuit

ACLU Legal Team

Civil rights litigators, filed Darweesh v. Trump

Donald Trump

Donald Trump

President of the United States (2017-2021)

What you can do

1

Track your state AG's litigation docket at [state].gov/ago; AGs are elected in 43 states, appointees in 7

2

When courts use 'rational basis review' in rights cases, recognize government only needs plausible justification to win

3

Document public statements by officials—courts sometimes consider them, but Supreme Court may ignore them as here

4

Find legal aid clinics via LawHelp.org/find-help or call ACLU hotline if constitutional rights threatened