A U.S. Federal Court Judge has denied a request for a Temporary Restraining Order (“TRO”) filed against U.S. President Trump’s immigration ban. The TRO petition, which was filed in the U.S. District Court of Oregon, sought to temporarily block part of the Executive Order (“EO”) in order to protect family-based immigrants under the age of 21 from being unable to receive their immigrant visas.

Judge Michael Simon based his decision on the motion’s form, not substance, indicating that challenges to the Presidential Proclamation should be brought as a separate specific challenge to that proclamation. Judge Simon underscored the plaintiff’s concern that children may age out if their immigrant visas are not issued before they turn 21 under the CSPA (the Child Status Protection Act).  Judge Simon also acknowledged that if visa waiting periods are unreasonably long, it would be up to Congress to fix any negative results for children and not the courts.

For more information on how the current EO affects children who are immigrant visa applicants, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.



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