9th Cir.;
17-15589

The court of appeals affirmed in part, vacated in part, and remanded a district court order with instructions. The court held that president Donald Trump, in issuing his revised executive order regarding immigration, exceeded the scope of the authority delegated to him by Congress.

On January 27, 2017, President Donald Trump issued an executive order that, among other things, suspended for 90 days immigrant and nonimmigrant entry into the United States of nationals from seven majority-Muslim countries (EO1). When enforcement of that order was stalled by litigation, President Trump, on March 6, 2017, issued a revised executive order (EO2) on immigration. Section 2 of that order reinstated the 90-day ban on travel for nationals of six of the seven majority-Muslim countries identified in EO1. Section 6 suspended the U.S. Refugee Admissions Program for 120 days and reduced the number of refugees to be admitted during fiscal year 2017 from 110,000 to 50,000. The State of Hawai'i, which had previously filed suit challenging EO1, amended its complaint to challenge the revised order on myriad constitutional grounds. It moved for a temporary restraining order (TRO) enjoining EO2's enforcement “to protect its residents, its employers, its educational institutions, and its sovereignty.”