Immigration
478 Articles
Unlocking the Mysteries of the Supreme Court’s Entry Ban Decision
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury…
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…
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…
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…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
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…
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…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 2-June 9)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…
Neither Facially Legitimate Nor Bona Fide–Why the Very Text of the Travel Ban Shows It’s Unconstitutional
As the litigation over the travel ban moves to the Supreme Court, the most important passage in the Fourth Circuit’s en banc opinion may be a tangential footnote finding “yet…
An Urgent Need for International Action on Australia’s Refugees
News that U.S. officials have been fingerprinting refugees on Papua New Guinea’s Manus Island ahead of their possible resettlement in the United States is a hopeful signal to…
Trump Admits: ‘Extreme Vetting’ Already Happening Without the Travel Ban
Lots of people have been commenting on the self-sabotaging aspect of Donald Trump’s early morning Twitter-storm, which undermines a central argument in his Supreme Court challenge…
More on the Effective Date of the Entry Ban and the Hawaii Injunction (Response to Will Baude)
In a post yesterday, I argued that it wouldn’t make much sense for the Supreme Court to grant the government’s petition for certiorari in the “entry ban”…