The President's September 24 proclamation exceeds the power delegated to the executive under the INA.
Peter Margulies is a professor at Roger Williams University School of Law, where he teaches Immigration Law, National Security Law and Professional Responsibility. He is the author of Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010).
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The full Supreme Court ordered a stay of part of the Ninth Circuit’s order from last week regarding President Trump’s revised order related to refugees.
Justice Kennedy's stay of the Ninth Circuit's decision last week is the latest in a series of Supreme Court orders striving to balance the equities in Hawaii v. Trump prior to the October 10 oral argument.
The Ninth Circuit held on Thursday that refugees with sponsorship assurances from U.S. resettlement agencies were exempt from President Trump's revised immigration executive order.
The Supreme Court balances the equities again and avoids giving either side all of what it seeks on the merits.
Hawaii responded to the government's request to stay the Hawaii District Court's injunction against the definition of "bona fide relationship."
The Ninth Circuit provided Hawaii a roadmap for pursuing a second motion—a request for injunctive relief—in district court.