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Tag Archive: immigration

‘America First’ Leaves the Border Behind

Border security is a concept that, among Americans, usually conjures up images of dusty, desert expanses in our southwest.  Maybe it includes a cactus or a dark-green clad Border Patrolman on horseback or standing near his truck, seemingly at the ready to catch the next illegal immigrant, drug mule or terrorist crossing the U.S.-Mexican border.…   continue »

To Senate Committee on Homeland Security: Five Questions for Secretary Kelly About Passwords Demands at the Border


On January 31, an NASA engineer and U.S. citizen, Sidd Bikkannavar, was informed by federal border agents he hat he was required to turn over the password to his smartphone on his way into the country, that doing so was mandatory, and that if he failed to comply, the phone could be seized.  …   continue »

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 »