The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”), was to take effect on March 16, 2017. The implications of the Order are described here.

President Trump issued this revised order on March 6 after the U.S. Court of Appeals for the Ninth Circuit enjoined the initial executive order, issued on January 27, 2017, prohibiting nationals of six countries from entering the United States. The day before the revised Order was to take effect, a federal district court in Hawaii blocked it. Shortly afterwards, a federal district court in Maryland also enjoined the Order. Both courts referenced concerns that the Order discriminates against individuals on the basis of religion.

The DOJ has now appealed the Maryland injunction to the U.S. Court of Appeals for the Fourth Circuit, but has not yet appealed the Hawaii decision. At this point, the injunctions from Hawaii and Maryland will stay in place, and the status quo prior to the Order should be maintained.

Littler will continue to monitor significant developments on this issue and provide guidance.