International Refugee Assistance Project et al v. Trump et al
Filing
150
ORDER granting in part and denying in part 95 Amended MOTION for Temporary Restraining Order and/or Preliminary Injunction. Signed by Judge Theodore D. Chuang on 3/15/2017. (aos, Deputy Clerk)
Case 8:17-cv-00361-TDC Document 150 Filed 03/16/17 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
INTERNATIONAL REFUGEE
ASSISTANCE PROJECT, a project of the
Urban Justice Center, Inc., on behalf of itself
and its clients,
HIAS, INC., on behalf of itself and its clients,
MIDDLE EAST STUDIES ASSOCIATION of
North America, Inc., on behalf of itself and its
members,
MUHAMMED METEAB,
PAUL HARRISON,
IBRAHIM AHMED MOHOMED,
JOHN DOES Nos. 1 & 3, and
JANE DOE No.2,
Plaintiffs,
v.
Civil Action No. TDC-17-0361
DONALD J. TRUMP, in his official capacity
as President of the United States,
DEPARTMENT OF HOMELAND
SECURITY,
DEPARTMENT OF STATE,
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE,
JOHN F. KELLY, in his official capacity as
Secretary of Homeland Security,
REX W. TILLERSON, in his official capacity
as Secretary of State, and
MICHAEL DEMPSEY, in his official capacity
as Acting Director of National Intelligence,
Defendants.
ORDER
For the reasons stated in the accompanying Memorandum Opinion, the Court finds that
the Plaintiffs have standing to maintain this civil action and have established that they are likely
Case 8:17-cv-00361-TDC Document 150 Filed 03/16/17 Page 2 of 3
to prevail on the merits, that they are likely to suffer irreparable harm in the absence of injunctive
relief, and that the balance of the equities and the public interest favor an injunction.
Accordingly, it is hereby ORDERED that:
1.
Plaintiffs'
Motion for a Preliminary Injunction and/or Temporary Restraining
Order of the Executive
Order is construed as a Motion for a Preliminary
Injunction.
2.
The Motion, ECF No. 95, is GRANTED IN PART and DENIED IN PART.
3.
The Motion is GRANTED
as to Section 2(c) of Executive
Order
13,780
("Executive Order Protecting the Nation from Foreign Terrorist Entry Into the
United States").
Defendants, and all officers, agents, and employees of the
Executive Branch of the United States government, and anyone acting under
their authorization or direction, are ENJOINED from enforcing Section 2(c)
of Executive Order 13,780.
4.
This Preliminary Injunction is granted on a nationwide basis and prohibits the
enforcement of Section 2(c) of Executive Order 13,780 in all places, including the
United States, at all United States borders and ports of entry, and in the issuance
of visas, pending further orders from this court.
5.
Plaintiffs are not required to pay a security deposit.
6.
The Court declines to stay this ruling or hold it in abeyance should an emergency
appeal of this Order be filed.
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Case 8:17-cv-00361-TDC Document 150 Filed 03/16/17 Page 3 of 3
7.
The Motion is DENIED as to all other provisions of Executive Order 13,780.
Date: March 15,2017
THEODORE D. CH
United States District
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