Virginia Injunction Granted Against Trump's Travel Ban

On February 13, 2017, a federal judge granted an injunction prohibiting the Trump administration from implementing the "travel ban" in Virginia.

U.S. District judge Leonie Brinkema found that the Executive Order violates the First Amendment, as it favors one religion over another.

A temporary restraining order preventing the administration from implementing the order was recently granted in California, but on the basis of due process. Though the Executive Order may not directly targets Muslims, Judge Brinkema wrote in her ruling that Trump's campaign promises to implement a "Muslim ban" provide evidence that the recent Executive Order does unconstitutionally target Muslims. In addition, Brinkema wrote that if implementation were to continue, Virginia would be greatly harmed. For examples, over 1,000 students and professors at universities in the state could be affected.

Brinkema's preliminary injunction is a more permanent measure than the temporary restraining order granted in California. The injunction is expected to stay in place until the case goes to trial. However, the Virginia injunction does not affect refugees, or attempt to challenge the part of Trump's order directed at refugees.

What happens next?

The injunction currently only applies to residents on Virginia. Brinkema did not extend the injunction nationwide, because the temporary restraining order out of the Washington state case is already nationwide. Brinkema may extend the injunction nationwide if the 9th Circuit decision is reversed.

She emphasized that the power of the president is not absolute. It is still limited by Congress and by the Constitution.

Trump has discussed the possibility of issuing a new Executive Order to replace the one being challenged.