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Morell Discusses 9th Circuit’s Refusal to Reinstate Trump’s Immigration Ban

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“I continue to urge great caution when planning international travel,” Immigration Partner Avram Morell told Society For Human Resource Management in a recent article examining the Ninth Circuit’s decision to deny President Trump’s request to reinstate his Executive Order barring citizens of seven countries from entering the U.S.

In upholding a Seattle district court’s temporary restraining order blocking the government from carrying out portions of Trump’s Order, the Ninth Circuit’s decision will allow employers to continue processing immigration and travel for foreign national workers.

However, as Morell explained, the future of the Executive Order is far from settled: “These issues continue to be litigated and the courts have not yet had an opportunity to conduct a full judicial review of the executive order. We don’t know if – and how quickly – the rules could change.”

A Fluid, Unpredictable Scenario for Employers and Employees

Morell went on to tell SHRM, “We still do not know what, if any, indirect consequences of this situation – such as delays at ports and heightened scrutiny – could impact travelers. Employers need predictability in order to make decisions, and predictability is in very short supply in this situation.”

And with no definitive next steps confirmed by the Trump administration, those potentially affected by the travel ban are left to speculate: “We do not know if they will ask the entire Ninth Circuit, rather than just a three-judge panel, to review this again, seek review at the Supreme Court, or simply proceed with litigating the main case at the District Court level,” Morell said.

More About Morell’s Practice

Recognized as a premier immigration attorney by ChambersThe Legal 500 and many other industry rankings, Avram Morell represents U.S. and foreign-based companies and organizations, entrepreneurs and investors doing business in the U.S., as well as their employees and family members.

He is widely known in the corporate world for his ability to navigate particularly complex business immigration issues, advising boards of directors and top management regarding the far-reaching immigration implications of workforce changes that often accompany mergers, acquisitions, spinoffs, international expansions and changes in corporate leadership.

To learn more about Morell's work, please visit here.