Travel ban
72 Articles
The ‘NO BAN’ Act: A Needed Check on Presidential Decision-Making
The NO BAN Act ensures that presidential orders to bar or restrict people from entering the United States are the product of proof rather than prejudice.
Zero Tolerance for Border Families but Welcome to Myanmar Military Perpetrators
Amidst the multitude of ongoing Trump administration scandals, the United States government has failed to develop a comprehensive approach to bring an end to or accountability…
When the President is At War with the Presidency: Implications for Presidential Authority from Trump v. Hawaii
What is the relationship between the person of the president and the office of the presidency? That question lies at the crux of Trump v. Hawaii, though it remains largely unaddressed…
The Real-Life Consequences of the (Now Lawful) Travel Ban
This is how the third version of Trump’s travel ban, the one that the Supreme Court says is lawful, affects one person. One American. One family. As an immigration lawyer,…
The Travel Ban: Part of a Broad National Security Exceptionalism in U.S. Law
As various scholars have noted, the Supreme Court’s Trump v. Hawaii decision last week to uphold a law that many experts call “the Muslim Ban” is shocking in its analysis.…
Contrary to Popular Belief, the Court Did Not Hold that the Travel Ban is Lawful—Anything But
"Don’t believe the hype. In fact, not a single Justice on the Court decided—or even suggested—that the Proclamation’s exclusion of entry of nationals from five Muslim-majority…
Just Security Podcast: Harold Koh and Cristina Rodríguez on the Travel Ban
As most of us know, the Supreme Court this week upheld the Trump administration’s travel ban that bars citizens from seven countries, of which, five have a Muslim majority…
Trump v. Hawaii: Korematsu’s Ghost and National Security Masquerades
The travel ban represents only the most prominent Trump administration policy that, in Justice Sonia Sotomayor’s words, “now masquerades behind a façade of national-security…
The Radical Supreme Court Travel Ban Opinion–But why it might not apply to other immigrants’ rights cases
The Supreme Court adopted a new and radical framework allowing the Justices to sidestep the anti-Muslim animus that motivated the travel ban. But, even by its own logic, the new-fangled…
Trump v Hawaii: Giving Pretext a Pass
There are plenty of reasons to be concerned about the Supreme Court’s majority opinion in Trump v. Hawaii, which upheld the president’s proclamation banning travel to the U.S.…
The Government Has Yet to Produce Evidence Showing the Travel Ban is About National Security
The very first thing that Solicitor General Noel Francisco told the court at oral argument in Hawaii v. Trump was: “After a worldwide multi-agency review, the President’s acting…
Tragedy of Errors: The Solicitor General, the Supreme Court and the Truth
The Office of the Solicitor General found itself in the position of defending an Executive Order targeting a broad group of individuals whom, the president claimed, should be subject…