Legal challenges to Executive Order 13769
| Protecting the Nation from Foreign Terrorist Entry into the United States | |
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Executive Order 13769 in the Federal Register
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| Type | Executive order |
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| Signed by | Donald Trump on January 27, 2017 |
| Aziz v. Trump | |
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| United States District Court for the Eastern District of Virginia | |
| Full case name | Tareq Aqel Mohammed Aziz, Ammar Aqel Mohammed Aziz, Aqel Muhammad Aziz, Plaintiffs, v. Donald J. Trump, in his official capacity as President of the United States of America, et al., Defendants |
| Citations | No. 1:17-cv-00116 |
| Darweesh v. Trump | |
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| United States District Court for the Eastern District of New York | |
| Full case name | Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi, Plaintiffs, v. Donald J. Trump, in his official capacity as President of the United States of America, Defendants, et. al |
| Citations | No. 1:17-cv-00480 |
| Louhghalam et al v. Trump | |
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| United States District Court for the District of Massachusetts | |
| Full case name | ARGHAVAN LOUHGHALAM and MAZDAK POURABDOLLAH TOOTKABONI, Plaintiffs, v. Donald J. Trump, in his official capacity as President of the United States of America, et al., Defendants |
| Date decided | February 3, 2017 (declining preliminary injunction) |
| Citations | No. 17-cv-10154 |
| Mohammed v. Trump | |
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| United States District Court for the Central District of California | |
| Full case name |
BADR DHAIFALLAH AHMED MOHAMMED; YOUSEF BADR DHAIFALLAH AHMED MOHAMED; MAHA ABDULHAMEED MOHAMMED ALMAWRI; MURAD KHALED ALI; WALEED MUSAED QASEM MOHAMMED; MAGED WALEED MUSAED QASEM; ANWAR SALEH NAGI; RIFAQ ANWAR SALEH NAGI ALEAZZALI; KHALED ANWAR NAGI ALEAZZALI; ASHAWQ MOHAMMED AYEDH AHMED; SABA ALI ALI SAAED; YOUSEF AHMED MOHAMED SAAD; NAWAR AHMED MOHAMED SAAD; IBRAHIM AHMED MOHAMED SAAD; MOHAMED AHMED MOHAMED SAAD; ABDULATEF ABDO MUTHANNA HAILAN; DIYAZAN ALI SAEED; SAHAR SALEM AHMED; NASLAH H A SAEED; ALI MOHSEN SAEED; SAIF DIYAZAN ALI MOHSEN; SARAH FADEL MUTHANA SAIF; OMAR ALI MOHSEN MURSHED; BASSAM ALI MOHSEN MURSHED; NADHRA SALEH ALZEER; MUHRAH MOHSEN SALEH MOQBEL SALEH; QASEM ABDULRAHMAN SALEM AL-HASANI; MUNA O AL SAKKAF, Plaintiffs, v. UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; UNITED STATES DEPARTMENT OF STATE; UNITED STATES CUSTOMS AND BORDER PATROL; DONALD J. TRUMP, in his official capacity as President of the United States of America; DANA J. BOENTE, in his official capacity as the Acting Attorney General of the United States; JOHN KELLY, Secretary of the Department of Homeland Security; LORI SCIALABBA, Acting Director of U.S. Citizenship and Immigration Services; KEVIN K. McALEENAN, in his official capacity as Acting Commissioner of U.S. Customs and Border Patrol, Defendants.
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| Citations | No. 2:17-cv-00786 |
| Sarsour v. Trump | |
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| United States District Court for the Eastern District of Virginia | |
| Full case name | LINDA SARSOUR, RASHIDA TLAIB, ZAHRA BILLOO, NIHAD AWAD,COREY SAYLOR,DAWUD WALID, BASIM ELKARRA, HUSSAM AYLOUSH, HASSAN SHIBLY, ALIA SALEM, ADAM SOLTANI, IMRAN SIDDIQI, JULIA SHEARSON, NAMIRA ISLAM, KAREN DABDOUB, JOHN DOE NO. 1-10, JANE DOE NO. 1-2, Plaintiffs, v. Donald J. Trump, in his official capacity as President of the United States of America, et al., Defendants |
| Citations | No. 1:17-cv-00120 |
Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States. The plaintiffs challenging the order argue that it contravenes the United States Constitution, federal statutes, or both.
Legal challenges to the order were brought almost immediately after its issuance. From January 28 to 31 almost 50 cases were filed in federal courts. The courts granted temporary relief including multiple temporary restraining orders (TRO) that bar the enforcement of major parts of the executive order; The chief TRO was issued by a Washington State federal court and was explicitly nationwide in scope. That TRO specifically blocks the executive branch from enforcing provisions of the executive order that (1) suspend entry into the U.S. for people from seven countries for 90 days and (2) place limitations on the acceptance of refugees including "any action that prioritizes the refugee claims of certain religious minorities." The TRO also allows "people from the seven countries who had been authorized to travel, along with vetted refugees from all nations, to enter the country." The Trump administration appealed the TRO to the U.S. Court of Appeals for the Ninth Circuit, which ruled against the government and allowed the stay to stand.
The parties challenging the executive order include both private individuals (some of whom were blocked from entering the U.S. or detained following the executive order's issuance) and the states of Washington and Minnesota represented by their state attorneys general. Other organizations, such as the American Civil Liberties Union (ACLU), also challenged the order in court. Fifteen Democratic state attorneys general released a joint statement calling the executive order "unconstitutional, un-American and unlawful" and seventeen states filed an amicus brief in support of the challenge to the order.
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