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Tag Archive: immigration

Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions? [UPDATED with Hawaii motion]

I just wanted to add a brief follow-up to the excellent posts by Leah Litman and by Ryan Goodman and Adam Cox on the absurdity of the Administration’s interpretation of the Supreme Court’s modification of the travel-ban/refugee-limit preliminary injunctions.  [UPDATE:  The Hawaii plaintiffs have just filed a motion for clarification, consistent with much of these posts, in district court.]

The Administration has announced (see last night’s State Department cable and also FAQ No.  continue »

Did the Supreme Court Tip Its Hand on How It Will Rule on the Travel Ban?



Today, the Supreme Court partially stayed and partially upheld the lower court injunctions in the travel ban litigation. The way in which the Court split the baby is perhaps the most significant hint yet about how the Court is thinking about the rights of noncitizens and the so-called “immigration plenary power”—the so-called extra-constitutional authority of the Executive Branch to regulate immigration without standard review by federal courts.…   continue »

It’s All About that Stay (and Its Surprising Limits)

Preliminary thoughts (reserving the right to add more as the day goes on!):

The Court nominally granted certiorari in the two “travel ban” cases today, but for reasons I’ve already explained–reasons the Court implies in its opinion–that’s likely to have very little, if any, legal significance, because the case will almost certainly be mooted out by the time oral argument rolls around–and not because of the original March 14 expiration date, which the Court asked the parties to address, and which is no longer a real issue in light of the President’s amended Executive Order changing the expiration date of the entry ban.…   continue »

Donald Trump’s Say-So is Not a Presidential “National Security Judgment”


The government just filed its final pleading before the Justices’ consideration of the entry-ban cases tomorrow.  This follows final briefs that the IRAP and Hawaii plaintiffs filed yesterday.

In a post on Monday, I offered some thoughts on three of the most important considerations the Court will be considering:  (i) whether there’s any basis for the Court to grant cert.  continue »

How the President’s “Clarifying” Memorandum Destroys the Case for the Entry Ban

[Cross-posted on the Take Care blog.]

The government’s argument for suspending all entry into the United States of non-citizens from seven (now six) Muslim-majority countries has, from its inception, been predicated on two separate—but related—claims: First, that such a ban is a necessary “temporary pause” to allow the government to review its internal procedures for granting entry in the future to nationals from these countries. …   continue »

The President Resuscitates the Entry Ban: Where Should the Court Go From Here?

Section 2(c) of Executive Order 13780, suspending entry into the United States of all nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, died of natural causes at 12:01 a.m. this morning [Wednesday], without ever having been implemented. In a pair of posts last week, I explained why the ban expired as a simple matter of the terms of the Executive Order itself.…   continue »