Travel Ban

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Travel Ban

For Judges, ‘Legality’ Is Their Only ‘Reality’

Josh Blackman Mon, Dec 11, 2017, 3:14 PM

Lawfare readers are by now no-doubt familiar with my unflinching criticisms of the opinions that have enjoined President Donald Trump’s travel bans. The statutory claims are unreviewable, and even if they were, the president has the inherent executive power, combined with expressly delegated statutory authority, to deny entry to classes of aliens—this is separate from the issuance of visas.

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Travel Ban

The Supreme Court Tips its Hand on Travel Ban 3.0

Josh Blackman Mon, Dec 4, 2017, 10:30 PM

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

Peter Margulies Mon, Dec 4, 2017, 10:09 PM

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.

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Documents: Supreme Court Grants Stays in Travel Ban Litigation

Matthew Kahn Mon, Dec 4, 2017, 6:08 PM

The Supreme Court issued orders in Trump v. Hawaii and Trump v. IRAP, allowing the White House's revised travel ban to take effect while litigation proceeds in the Fourth and Ninth circuits. The full orders are below.

Trump v. Hawaii

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Document: Executive Order to Resume US Refugee Admissions Program

Matthew Kahn Wed, Oct 25, 2017, 9:58 AM

On Tuesday, the White House released the following executive order resuming the U.S. Refugee Admissions Program.

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

EXECUTIVE ORDER

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RESUMING THE UNITED STATES REFUGEE ADMISSIONS PROGRAM WITH ENHANCED VETTING CAPABILITIES

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Travel Ban

Supreme Court Vacates Ninth Circuit Ruling in Hawaii v. Trump

Matthew Kahn Tue, Oct 24, 2017, 2:25 PM

The Supreme Court isused a summary disposition in Trump v. Hawaii vacating the Ninth Circuit's ruling and remanding it to that court with instructions to dismiss it as moot. The full order is included below.

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The Travel Ban and the Rational Basis Test

Josh Blackman Mon, Oct 23, 2017, 9:00 AM

Earlier this week, Judge Derrick K. Watson of the U.S. District Court in Hawaii concluded that President Donald Trump’s Sept. 24, 2017 proclamation will likely be found to be illegal. Following the Ninth Circuit Court of Appeals opinion in Hawaii v.

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Travel Ban 3.0: Maryland District Court Orders Preliminary Injunction

Lisa Daniels, David Kimball-Stanley, Ed Stein Sun, Oct 22, 2017, 11:07 AM

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.