Latest in Travel Ban

Travel Ban

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

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.

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.

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

Document: Executive Order to Resume US Refugee Admissions Program

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


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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.

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