Travel Ban

Latest in Travel Ban

Travel Ban

Court Denies Motion to Dismiss in Travel Ban Case

On July 10, Judge Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan denied the government’s motion to dismiss the plaintiffs’ third amended complaint in Arab American Civil Rights League et al. v. Donald Trump et al., in which the petitioners challenge the Trump administration’s travel ban on constitutional grounds. The order is available here and below.

Documents

Document: Judge Denies Government Motion to Dismiss in Travel Ban Case

On May 2, Judge Theodore Chuang of the U.S. District Court for the District of Maryland denied the government's motion to dismiss in International Refugee Assistance Project v. Trump, challenging the current iteration of the travel ban. Judge Chuang's opinion is available here and below. Previous documents in the case area available here.

Federal Law Enforcement

How Anti-Muslim Animus Undermines Years of U.S. Law Enforcement Efforts to Build Relations

Even before the Supreme Court upheld the Trump administration’s travel ban, trust in law enforcement was eroding—and reaching a nadir—among American Muslims. Many view this administration’s policies as a source of Islamophobia and generalized suspicion of American Muslims.

Executive Power

The Travel Ban Decision and the Ghost of Korematsu

When the Supreme Court handed down its decision on the third iteration of President Trump’s travel ban, the morning unfolded largely as anticipated: By a 5-4 vote, the justices upheld the president’s proclamation on relatively narrow statutory grounds and chose to ignore his many expressions of hatred toward Muslims and Islam. There was a sharp dissent—in this case, by Justice Sonia Sotomayor. And there was, of course, a presidential tweet.

Travel Ban

The Supreme Court Travel Ban Ruling: A Summary

The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution.

Travel Ban

Was the Supreme Court Given Accurate Information During the Travel Ban Argument?

During last Wednesday’s oral argument at the Supreme Court, Solicitor General Noel Francisco said that the president’s travel ban excludes nationals of countries that fail to provide a “minimum baseline of information” needed to vet people entering the United States and that “the vast majority of the world” meets this “baseline.” Francisco described “reporting terrorism history information,” “reporting criminal history,” and “cooperat[ing] with us on a real-time basis” as part of that minimum

Travel Ban

The Supreme Court Tips its Hand on Travel Ban 3.0

In a pair of unsigned orders, the Supreme Court today allowed the third iteration of President Trump’s travel ban to go into complete effect. Only Justices Ginsburg and Sotomayor noted their dissent. While it is risky to read too much into entries on the Court’s so-called “shadow docket,” four issues are worth addressing.

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