Supreme Court Orders National Security Proclamation into Full Effect


Edward White

December 5, 2017

3 min read

National Security



In a major victory for the Trump Administration as well as for our national security, the Supreme Court today granted the Administration’s motions to stay the preliminary injunctions imposed against the President’s National Security Proclamation. Those injunctions blocked the Proclamation from going into full effect.

The Proclamation, issued in September, was intended to start enhanced vetting procedures of foreign nationals from eight countries (Chad, Iran, Syria, Libya, Somalia, North Korea, Venezuela, and Yemen) until those countries comply with our security criteria. Those countries are deficient in their identity-management and information-sharing efforts regarding their nationals, and we have continuing concerns with terrorism in many of those countries.

The full implementation of the Proclamation was blocked soon after it was issued by injunctions imposed by a Hawaii federal judge and by a Maryland federal judge. The Trump Administration appealed the Hawaii ruling to the Ninth Circuit Court of Appeals and the Maryland ruling to the Fourth Circuit Court of Appeals. The Administration asked each appellate court to stay the respective injunctions and allow the Proclamation to go into effect. After not receiving the relief requested from the appellate courts, the Administration turned to the Supreme Court two weeks ago and sought stays of the two injunctions.

Today, the Supreme Court granted the Administration’s motions. The two injunctions are put on hold while the cases move their way through the Fourth and Ninth Circuits. If the Administration does not prevail on appeal and seeks further relief from the Supreme Court, the injunctions remain stayed until the Court resolves the cases. You can read the two Supreme Court orders here and here. With these orders, the Proclamation goes into full effect as do the enhanced vetting procedures. Our national security thereby benefits.

The American Center for Law and Justice will continue to defend the Proclamation as we did the National Security Executive Order. In the Fourth Circuit appeal, we recently filed an amicus (friend-of-the-court) brief urging the court to vacate the Maryland judge’s injunction. The brief was filed with the support of the ACLJ’s Committee to Defend Our National Security from Terror, which represents more than 279,000 Americans who have stood in support of the President’s efforts to protect this nation from the entry of foreign terrorists.

The Fourth and Ninth Circuits will hear oral argument in the respective cases this week and will issue decisions on an expedited basis.

We will keep you posted as the legal challenges against the Proclamation proceed.