Travel ban
72 Articles

Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions
[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii. Most observers have focused on whether, for…

A Tale of Two Branches at Today’s Oral Arguments in the Travel Ban 3.0 Case
Sitting in the packed courtroom for today’s Supreme Court argument in Trump v. Hawaii, our own Joshua Geltzer was reminded of watching a movie in which the plots for two main…

Just Security Podcast: Ex National Security Council Official Joshua Geltzer on Supreme Court Travel Ban Case
Above: Zainab Ahmed of Dearborn, Michigan chants during a protest of Muslim Ban 3.0 on the campus of Wayne State University on October 4, 2017 in Detroit, Michigan. (Photo by Stephen…

The Supreme Court Should Rethink Deference to the Executive in the Travel Ban Case
Former White House Counsel Neil Eggleston, and Amanda Elbogen write that the Justices should not provide the customary deference to the Executive Branch when it comes to the Travel…

Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…

The Empty Promise of “Waivers” from Trump’s Muslim Ban
Reports from U.S. embassies cast doubt on a central legal defense to the travel ban’s constitutionality: individualized waivers. Statistics show that only two out of 8,406 visa…

Exodus Continued: FRONTLINE’s Next Chapter of the Refugee Story
In 2018, the United States, the world’s richest country by far, is expected to open its doors to .08 percent of the world’s 22.5 million refugees, over half of whom are under…

Episode 51 of the National Security Podcast: Temporary, Immediate, and Unmonitored Access to this Podcast
Well, 2017 is almost done. No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of…

Terror in NYC: The Real Test Comes Tomorrow, Not Today
New York City officials are already calling Tuesday’s awful attack in downtown Manhattan “an act of terror.” Whether they are right remains to be seen; but, if so, the…

Parties’ Letter Briefs on Mootness in Entry Ban Case at Supreme Court
Here’s the SG’s brief. Here’s the ACLU’s brief on behalf of the IRAP plaintiffs. And here’s the Hogan Lovells brief on behalf of the Hawaii plaintiffs.…

A Scrivener’s Error That Swallows the New Entry Suspensions?
One provision of the President’s new Proclamation (a/k/a “Entry Ban No. 3”) has confused me since I reported on it here earlier this week. As I explained in my…

The New Entry Suspensions and Restrictions: A Synopsis (with Update on SG Letter to Court)
Based on my very quick and preliminary reading of the President’s new proclamation, below is my summary of who is affected. I’ll update and correct this post as warranted.…