On February 3, 2017, Judge James Robart issued a nation-wide temporary restraining order (“TRO”) blocking the federal government and all of its agencies from enforcing parts of the Executive Order banning certain nationals from entering the United States.
Specifically, the TRO prohibits enforcement:
“on a nationwide basis the enforcement of Sections 3(c), 5(a), 5(b), 5(c), and 5(e) of the Executive Order … at all United States borders and ports of entry pending further orders from this court.”
(full text of the TRO available here)
In other words, the TRO reverts things back to before Executive Order was issued.
In response to the TRO, the Department of Homeland Security issued a “Statement of Compliance with Recent Court Order” stating:
In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
Judge Robart found that enforcement of the Executive Order will adversely affect the States’ (that brought the lawsuit) residents “in areas of employment, education, business, family relations, and freedom to travel.”
This TRO is the most far-reaching challenge to the Executive Order to date. Trump administration vowed to appeal.