Executive order

The Ninth Circuit opinion temporarily striking down President Trump’s third travel ban was met with little fanfare likely for two reasons. The decision came down right before Christmas (December 22). And in early December the Supreme Court allowed the third travel ban to go into effect until the Supreme Court rules on it, even if the Ninth Circuit (or Fourth Circuit) were to strike it down in the meantime.   

The Supreme Court has allowed the third travel ban to go into effect at least temporarily while two federal circuit courts of appeals review decisions from lower courts temporarily blocking enforcement of the travel ban. Even if the government loses before the appeals courts the travel ban will remain in effect until the Supreme Court rules on it or refuses to rule on it (unless the government doesn’t appeal to the Supreme Court).

The president’s second travel ban prevented people from six predominately Muslim countries from entering the United States for 90 days. In June the Supreme Court temporarily prevented it from going into effect against those with a “bona fide relationship with a person or entity in the United State” until the Court could hear the case on the merits in early October.

The Supreme Court will no longer hear oral argument in the travel ban case—previously scheduled for October 10—for now. The Court has asked the parties to brief whether the new travel ban makes the case moot, meaning the dispute, and therefore the case, is over.

The president’s March 6 executive order prevented people from six predominately Muslim countries from entering the United States for 90 days. In June the Supreme Court temporarily prevented it from going into effect against those with a “bona fide relationship with a person or entity in the United States.” This travel ban was set to expire on September 24.

On September 24 the President issued a presidential proclamation indefinitely banning immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Also, certain government officials and their families from Venezuela may no longer receive non-immigrant visas.

The Supreme Court will no longer hear oral argument in the travel ban case—previously scheduled for October 10—for now. The Court has asked the parties to brief whether the new travel ban makes the case moot, meaning the dispute, and therefore the case, is over.

The president’s March 6 executive order prevented people from six predominately Muslim countries from entering the United States for 90 days. In June the Supreme Court temporarily prevented it from going into effect against those with a “bona fide relationship with a person or entity in the United States.” This travel ban was set to expire on September 24.

On September 24 the President issued a presidential proclamation indefinitely banning immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Also, certain government officials and their families from Venezuela may no longer receive non-immigrant visas.

On its last opinion day of the term, the Supreme Court announced that it would rule on the constitutionality of the Trump administration’s revised travel ban. In the meantime to the extent the executive order prevents foreign nationals and refugees “who lack any bona fide relationship with a person or entity in the United States” from entering the United States, it may go into effect until the Supreme Court rules on the merits of this case.   

The president’s first executive order prevented people from seven predominantly Muslim countries from entering the United States for 90 days, froze decisions on refugee applications for 120 days, and capped total refugee admissions at 50,000 for fiscal year 2017.

The Ninth Circuit temporarily struck it down, concluding this executive order was not religion-neutral, and that it likely violated the due process rights of lawful permanent residents, nonimmigrant visa holders, and refugees.

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