I. Latest Coverage
1. Explainers and Information on Revised Executive Order of March 6, 2017
- Just Security, EXCLUSIVE: Trump Administration Fact Sheets on New Executive Order Banning Travel to the US
- Just Security, A Line-by-Line Comparison Between Trump’s Original Muslim Ban and Today’s
2. Constitutional Law and Analysis of Revised Executive Order of March 6, 2017
- Daphne Eviatar, Why the New Travel Ban Doesn’t Resolve the Old One’s Problems
- Aziz Huq, The “Travel Ban” Executive Order as Separation-of-Powers Test Case
- David Cole, We’ll See You in Court, 2.0: Once a Muslim Ban, Still a Muslim Ban
- Nelson Tebbe, Richard Schragger and Micah Schwartzman, Does Trump’s New Travel Ban Violate the Establishment Clause?
3. Policy and Political Analysis
- Shirin Sinnar, More Misleading Claims on Immigrants and Terrorism
- Kate Brannen, More Info Needed on Travel Ban’s Claim that 300 Refugees Under Counterterrorism Investigations
- Joseph Cassidy, Visas and Politics in the Age of Trump
- Jennifer Daskal, The Ongoing Dangers of the Revised Immigration EO
II. Explainers
1. Explainers on Court Cases, Litigation, and Executive Action
- Adam Cox and Ryan Goodman, DO Believe the Hype: DHS’s “Victims of Immigration Crime Engagement” (VOICE) May Target Legal Immigrants Too
- Nicholas Parrillo, Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administration?
- Jennifer Daskal, 4 Quick Thoughts on the 9th Circuit Order re: the Immigration EO
- Marty Lederman, Getting a handle on the litigation challenging the seven-nation “travel ban”
- Faiza Patel, Explainer on Officials in Contempt of Court Orders on #MuslimBan–Tracking All the Cases
- Steve Vladeck, The Airport Cases: What Happened, and What’s Next?
- Marty Lederman, Oral Argument Tomorrow in TRO Appeal to Ninth Circuit in Immigration E.O. Case–but don’t be surprised if the court doesn’t reach the merits
2. Explainers on the Executive Order
- Jay Shooster, Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees
III. Analysis
1. Constitutional Law: Equal Protection, Establishment Clause, Plenary Power
- David Cole, We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause
- Adam Cox, Why a Muslim Ban is Likely to be Held Unconstitutional: The Myth of Unconstrained Immigration Power
- David Cole, Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional
- Jay Shooster, What Did the Courts Say When Bush was Accused of Targeting Muslim Immigrants?
- Nelson Tebbe, Richard Schragger and Micah Schwartzman, How Trump’s Executive Order on Immigration Violates Religious Freedom Laws (includes Religious Freedom Restoration Act)
- Jonathan Hafetz, Why Courts Appear Willing to Reject Trump’s Travel Ban Order
- Scott Sullivan, Do-Overs and Judicial Legitimacy: Thoughts as We Await the New Immigration Executive Order
2. Policy Implications
- Ambassador (ret.) Keith Harper, The Importance of Judicial Contempt Proceedings in a Trump Era
- Steve Vladeck, Bipartisan Ex-Senior US Officials to Federal Court: Trump’s Immigration Order Endangers National Security
- Jennifer Daskal, An Overlooked (and Alarming) Piece of Trump’s Immigration EO
- Beth Van Schaack, Trump’s Muslim Ban & the Propaganda Value of Violence Against Women
3. Trump Administration and Civil Service
- Cristina Rodríguez, Trump and the Immigration Bureaucracy: Should We Expect Civil Servants to Dissent
- Marty Lederman, Sally Yates Did the Right Thing
4. International Law
- Jay Shooster, Trump’s Immigration Policy Risks Violating International Law—alienates US allies
- James Hathaway, Executive (Dis)order and Refugees—The Trump Policy’s Blindness to International Law
- Meg Satterthwaite and Alexandra Zetes, Explainer on the Legal Obligation Not to Return Refugees and How Trump’s Exec Order Breaks It
5. Evidence that Trump’s Immigration Ban Discriminates Against Muslims
- Rebecca Hamilton, Why Trump’s Selection of the Seven Countries is Not the Same as Obama’s
- Rebecca Hamilton, Tinkering Won’t Save the Immigration and Refugee Executive Order–How to think about “Terrorist Safe Havens”
- Faiza Patel, Reflections on the Prejudice in the Draft Exec Order’s Vetting of “Prejudice”
- Faiza Patel, Yates Letter Points to Evidence Showing Executive Order Unconstitutional
- See also David Cole’s two articles above
6. Deportation of “Criminal” Immigrants
- Just Security, Trump Adviser Confirms Our Expert’s Analysis: “Criminal” Immigrants Includes Non-Criminals
- Ryan Goodman, Prof Adam Cox on What Trump’s Deportation of “Criminals” Might Really Mean
7. Private Companies and the EO
- Steve Vladeck, Lufthansa To Abide By Anti-Ban Court Order–Travelers Targeted by Trump Can Now Fly (to Boston)
- Jennifer Daskal, Update: Some (Not All) Travelers Affected by Trump’s EO Can Board Lufthansa To Boston
- See also Meg Satterthwaite and Alexandra Zetes above
8. Implications of Current/Pending Supreme Court Cases
- Steve Vladeck, The Muslim Ban, Judicial Review, and the Supreme Court
- Steve Vladeck, The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border”
- Steve Vladeck, The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order
Image: President Trump signs immigration and refugee executive order in the Hall of Heroes at the Department of Defense on January 27, 2017 – Getty