Latest in Refugees

Donald Trump

The Fourth Circuit Argument on the Refugee EO: Second-Guessing the President or Safeguarding Individual Rights?

Reading the tea-leaves of appellate argument can be tricky, but skepticism about the legality of President Trump’s revised Executive Order (EO) was a prominent strand in Monday’s Fourth Circuit en banc argument on whether to affirm a Maryland district court’s injunction halting the EO. Of the thirteen judges at the hearing in International Refugee Assistance Project v.


What the Data Really Show About Terrorists Who 'Came Here,' Part III: What If You Included Domestic Terrorism Cases?

As we have sought to show in Parts I and II of this series, the claims that President Trump made in his joint-session address to Congress and in his revised executive order about the percentage of terrorism-related crimes committed by foreigners in the United States contain a number of distortions.


What the Data Really Show About Terrorists Who “Came Here,” Part II: A Country-by-Country Analysis

In Part I of this series, we laid out what Justice Department data really show about how many foreign-born vs. domestic-born individuals have been convicted of crimes related to international terrorism in the years since Sept. 11, 2001.


What the Data Really Show About Terrorists Who “Came Here,” Part I: Introduction and Overview

In late February, during his address to a joint session of Congress, President Trump claimed that “according to data provided by the Department of Justice, the vast majority of individuals convicted of terrorism and terrorism-related offense since 9/11 came here from outside of our country.”


Upholding the Revised Refugee Executive Order: A Virginia District Court Clarifies the Establishment Clause Issues

On Friday, Virginia U.S. District Judge Anthony J. Trenga upheld President Trump’s revised Refugee Executive Order (EO), ruling that the EO did not violate the Establishment Clause (see Josh Blackman’s discussion here). The court cited the Supreme Court’s 1972 decision in Kleindienst v.

Donald Trump

The Revolt of the Judges: What Happens When the Judiciary Doesn’t Trust the President’s Oath

It’s been a busy 24 hours in the increasingly fascinating relationship between President Trump and the federal judiciary.

First, a federal district judge in Hawaii entered a nationwide temporary restraining order enjoining enforcement of the two key provisions of Trump’s revised travel ban executive order.


There was Never a National Security Need for the Travel Ban

Today, there is much pondering about the strength or weakness of the courts’ latest rulings on Trump's revised immigration Executive Order and prognosticating about what may happen on appeal or when the issue finally reaches the Supreme Court. There are also complaints from those in Trump’s camp that the courts are unduly tying the Executive’s hands from protecting this country from visa and refugee applicants that pose a potential national security risk.


The Revised Refugee EO in the Courts II: The Flawed Maryland District Court Decision

Today’s Maryland district court decision halting the revised refugee Executive Order (EO) exhibits the same marked lack of deference that undermined Wednesday’s Hawaii decision (see my post here). Judge Theodore D. Chuang, a former Department of Homeland Security (DHS) lawyer, made two questionable interpretive moves.

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