Arab American Civil Rights League et al v. Donald Trump et al

Filing 8

ORDER Regarding Plaintiffs' 5 Motion for Temporary Restraining Order. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
ARAB AMERICAN CIVIL
RIGHTS LEAGUE, et al.,
Plaintiffs,

Case No. 17-10310
Honorable Victoria A. Roberts

v.
DONALD TRUMP, et al.,
Defendants.
______________________________/
ORDER REGARDING PLAINTIFFS’ MOTION
FOR TEMPORARY RESTRAINING ORDER [Doc. 5]
On January 27, 2017, President Donald Trump issued an Executive Order titled,
“Protecting the Nation From Foreign Terrorist Entry Into the United States.” Among
other things, this Executive Order affects travel to and from the United States of lawful
permanent residents and other non-citizens from seven designated countries.
On February 2, 2017, Plaintiffs filed an ex parte motion for temporary restraining
order. [Doc. 5]. Ultimately, they seek a permanent injunction that “prohibits the denial
of entry into the United States of legal permanent residents and those with valid
immigrant visas on the basis of [the] January 27, 2017 Executive Order.” Four of the
named Plaintiffs are lawful permanent residents.
The remaining Plaintiffs are an immigrant who was issued a visa to enter the
United States as a lawful permanent resident; a United States citizen whose nine-yearold son was denied a visa to join his family in the United States; and the Arab American
Civil Rights League, whose members have been adversely affected by the Executive
Order. These Plaintiffs seek relief that is not addressed in this order.

Upon the filing of the motion for temporary restraining order, the Court held a
telephone conference. Attending were Nabih Ayad, Kassem Dakhlallah, and Ali
Hammoud for Plaintiffs, and Gisela Westwater, Briana Yuh, and Adrian Pander for
Defendants. During the call, counsel for Defendants pointed out that the White House
issued a memorandum on February 1, 2017, which clarifies that the Executive Order
does not apply to lawful permanent resident of the United States. After the hearing,
Defendants filed the memorandum setting forth the clarification. [See Docs. 7, 7-1].
Based on this clarification, the Court orders that the United States is
PERMANENTLY ENJOINED from applying Sections 3(c) and 3(e) of the January 27,
2017 Executive Order against lawful permanent residents of the United States.
This injunction applies to Plaintiffs Samir Almasmari, Sabah Almasmary, Hana
Almasmari, and Mounira Atik, as well as all other lawful permanent residents of the
United States who are similarly situated.
After additional briefing, the Court will rule on the temporary restraining order
request of the remaining Plaintiffs.
IT IS ORDERED.  
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: February 2, 2017
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
February 2, 2017.
s/Linda Vertriest
Deputy Clerk

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