07 March, 2017

President Trump issues new Executive Order to replace EO 13769 of 27th January 2017

President Donald J Trump has issued a new Executive Order dated 6th March.  The Order may be read via the US Federal Register - Executive Order 13780 Protecting the Nation from Foreign Terrorist Entry to the United States.  The new Order will replace EO 13769 on 16th March.

Sec. 13.  Revocation.  Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order.

Sec. 14.  Effective Date.  This order is effective at 12:01 a.m., eastern daylight time on March 16, 2017.

The new Order notes that - "The implementation of Executive Order 13769 has been delayed by litigation.  Most significantly, enforcement of critical provisions of that order has been temporarily halted by court orders that apply nationwide and extend even to foreign nationals with no prior or substantial connection to the United States.  On February 9, 2017, the United States Court of Appeals for the Ninth Circuit declined to stay or narrow one such order pending the outcome of further judicial proceedings, while noting that the "political branches are far better equipped to make appropriate distinctions" about who should be covered by a suspension of entry or of refugee admissions."

By means of a section entitled "Severability", the new Order seeks to avoid the consequences of any future litigation holding that provisions are unconstitutional.

Sec. 15.  Severability.  (a)  If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby.

Given that President Trump issued a new Executive Order, the case of States of Washington and Minnesota v Donald J Trump ended - see the announcement of 8th March from the 9th Circuit Appeals Court. 

Whether the new Order will itself become the subject of further court proceedings remains to be seen.  See the views of the American Civil Liberties Union (ACLU) and Just Security has published a comparison of the new Order with the old.

Previous posts - States of Washington and Minnesota v Donald J Trump (3) - States of Washington and Minnesota v Donald J Trump (2) and States of Washington and Minnesota v Donald J Trump.

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