Travel Ban

Latest in Travel Ban

Travel Ban

Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings

On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction against the Sept. 24 immigration order (EO-3) in International Refugee Assistance Program v. Trump and an the identical stay of the injunction in Hawaii v. Trump. Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the government’s request for a stay.

Travel Ban

Travel Ban 3.0: Maryland District Court Orders Preliminary Injunction

On Oct. 17, 2017, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland issued an opinion and an order enjoining the implementation of President Trump’s latest travel ban. This round of litigation concerns Presidential Proclamation 9645, issued on Sept.

Travel Ban

Does Trump's North Korea Travel Ban Actually Ban Any North Koreans?

The White House’s newest proclamation amending the administration’s travel ban now includes North Korea. The proclamation bans entry of persons from specific countries that would be “detrimental to the interests of the United States” under the premise of protecting the United States from terrorism and national security threats.

Travel Ban

Presumptions of Regularity Do Not Insulate the President’s Travel Ban Motives from Judicial Review

“Regular” is not the first word that comes to mind when I think about the current president. The process that led to the travel ban is a perfect example of why. The original executive order was rushed out in fulfillment of then-candidate Trump’s promised “Muslim ban” (“Statement on Preventing Muslim Immigration,” Dec. 7, 2015), without the regular vetting for such policies.

Travel Ban

Full Supreme Court Stays Ninth Circuit Order on Refugee Assurances

On Tuesday, 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, Executive Order 13780 (EO). The full Court adhered to Monday’s order by Justice Anthony Kennedy, the circuit justice for the Ninth Circuit, that refugees with assurances of sponsorship remained subject to the revised EO.

Travel Ban

Ninth Circuit Protects Refugees with Assurances of Sponsorship

The Ninth Circuit held in a per curiam order on Thursday (summarized here) that, pending a definitive adjudication on the merits, refugees abroad with sponsorship assurances from U.S. resettlement agencies were not covered by President Trump’s revised executive order (EO) on refugees and could enter the U.S. in the normal course of refugee resettlement.

Travel Ban

Refugee EO: Hawaii’s Response to the Government’s Request for a Stay

Yesterday, Hawaii posted a response to the government’s request to the Supreme Court to stay Hawaii District Court Judge Derrick Watson’s injunction regarding President Trump’s Refugee Executive Order (EO). The response argues that Judge Watson was right to hold that the Supreme Court’s “bona fide relationship” standard included U.S.

Travel Ban

Hawaii Judge Watson Declines to Clarify Scope of Preliminary Injunction on Executive Order 13,780

Late last night, Judge Derrick Watson of the U.S. District Court for the District of Hawaii denied Hawaii’s motion for clarification of the scope of the court’s preliminary injunction in the challenge to President Trump’s revised refugee Executive Order (EO).

Travel Ban

The EO Stay: The Government Doubles Down on Excluding Grandparents and Refugees

The government’s latest filing in Hawaii’s challenge to President Trump’s revised refugee Executive Order (EO) argues that both U.S. grandparents and approved refugee resettlement agencies lack the “bona fide relationship” with noncitizens contemplated by last week’s per curiam Supreme Court order. On both counts, the government reads the Court’s stay order too narrowly.

Subscribe to Lawfare

EmailRSSKindle