Civil Liberties and Constitutional Rights
Just Security Posts on Trump's Executive Order on Refugees and Immigration
Over the days since President Trump signed his executive order banning immigrants and refugees from seven majority-Muslim countries from entering the United States, Lawfare has produced a great deal of commentary and analysis on the subject. But our readers should also be aware that Just Security has had some first-rate coverage of the executive order, particularly on many technical questions of immigration law.
As such, we asked our colleagues at Just Security to help us put together a roundup of their recent material on the executive order that our readers should see. Below the list as it now stands. Be sure to keep checking the site as news coverage of the order moves forward.
Explainers on the Muslim Ban EO and Its Aftermath
- Jay Shooster, Comparing: The Leaked Draft vs Final Executive Order Barring Citizens of 7 Muslim-Majority Nations and All Refugees
- Steve Vladeck, The Airport Cases: What Happened, and What’s Next?
- Rebecca Hamilton, Why Trump’s Selection of the Seven Countries is Not the Same as Obama’s
Constitutional Law: Equal Protection, Establishment Clause, Plenary Power
- David Cole, We’ll See You in Court: Why Trump’s Executive Order on Refugees Violates the Establishment Clause
- David Cole, Why Trump’s Proposed Targeting of Muslims Would be Unconstitutional
- Adam Cox, Why a Muslim Ban is Likely to be Held Unconstitutional: The Myth of Unconstrained Immigration Power
- Jay Shooster, What Did the Courts Say When Bush was Accused of Targeting Muslim Immigrants?
- Nelson Tebbe, Richard Schragger and Micah Schwartzman, How Trump’s Executive Order on Immigration Violates Religious Freedom Laws (includes Religious Freedom Restoration Act)
How Upcoming Supreme Court Decisions May Impact Trump’s Immigration Policies
- Steve Vladeck, The Muslim Ban, Judicial Review, and the Supreme Court
- Steve Vladeck, The Supreme Court, the Trump Transition, and the Future of the Constitutional “Border”
- Steve Vladeck, The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order
Evidence that Trump’s Immigration Ban Discriminates Against Muslims
- Faiza Patel, Reflections on the Prejudice in the Draft Exec Order’s Vetting of “Prejudice”
- Faiza Patel, Yates Letter Points to Evidence Showing Executive Order Unconstitutional
- Jay Shooster, Trump’s Immigration Policy Risks Violating International Law—alienates US allies
- James Hathaway, Executive (Dis)order and Refugees—The Trump Policy’s Blindness to International Law
What Trump’s Deportation of “Criminals” Might Really Mean
- Just Security, Trump Adviser Confirms Our Expert’s Analysis: “Criminal” Immigrants Includes Non-Criminals
- Ryan Goodman, Prof Adam Cox on What Trump’s Deportation of “Criminals” Might Really Mean
- Marty Lederman, Sally Yates Did the Right Thing
- Jennifer Daskal, An Overlooked (and Alarming) Piece of Trump’s Immigration EO