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Tag Archive: immigration

Why Trump’s Travel and Refugee Ban is Doomed


Contrary to President Donald Trump’s recent suggestion that his revised travel ban is the victim of “judicial overreach,” his problem isn’t just courts in the Ninth Circuit, which have now repeatedly halted his immigration orders. It’s the executive order itself, and the intent behind it.…   continue »

Hawai’i District Court Grants TRO of the “New” Immigration Executive Order


The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs (especially the private plaintiff, Dr. Elshikh), based largely on the court’s assessment of the strength of the Establishment Clause challenge, which was predicated on “significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order and its related predecessor.” Thus, the court entered a nationwide TRO:

Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them, are hereby enjoined from enforcing or implementing Sections 2 and 6 of the Executive Order across the Nation.

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The Washington State Lawsuit on the Travel Ban—Do the Plaintiffs Have Standing?


The issuance of President Trump’s new (somewhat) revised executive order, temporarily suspending entry into the United States by nationals of six predominantly Muslim countries, has, unsurprisingly, prompted renewed litigation over the legality of the Administration’s policy.  As was the case in the original challenges, one important legal issue will be whether plaintiffs have standing to sue. …   continue »

Visas and Politics in the Age of Trump


It is no surprise that criticism of President Donald Trump’s second executive order on visas and refugee resettlement was so harsh. Because of the incompetent drafting and rollout of the original visa/refugee ban, the Trump administration does not benefit from a presumption of trust.…   continue »

The “Travel Ban” Executive Order as Separation-of-Powers Test Case

The White House’s March 6 executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” (the March EO or the new EO) is a telling blend of change from and continuity with its January 27 precursor. Its changes signal the (current) strength of traditional institutional resistance from courts and bureaucrats to an insurgent, populist presidency.…   continue »

Does Trump’s New Travel Ban Violate the Establishment Clause?


President Trump has signed a new travel ban. In some respects, the new executive order on immigration looks like the old one, which was held to be unconstitutional. So does the new version avoid constitutional difficulties? Perhaps not. Here, we will focus on the Establishment Clause, putting aside other constitutional issues as well as standing concerns.…   continue »