Trump’s Executive Order on Immigration



Statements from ACS President Caroline Fredrickson

Oct. 17, 2017 - "Trump's Sept. 24 proclamatio is still a Muslim ban. Adding North Korea and Venezuela to a list of countries indefinitely banning millions of Muslims does not substantively change anything from the first two unconstitutional orders." 

Jan. 29, 2017 - “President Trump’s reckless Executive Order is a dangerous assault on real people, their families and our Constitution. The order violates the law by targeting people on the basis of their religion and causes irreparable harm to rights of refugees and legal immigrants. We stand with all who have been detained in our nation’s airports and the lawyers and others who have come together to protect and defend them.  It is so vital for our democracy that we have an independent judiciary to ensure rule of law and access to justice -- may it remain so.”  


The Latest

A federal court has blocked the latest version of President Trump’s travel ban order, often referred to as the “Travel Ban 3.0”, a day before it was to take effect on Oct. 18, 2017. U.S. District Court for the District of Hawaii Judge Derrick K. Watson issued a temporary injunction against the ban, concluding that “the new travel ban exceeds the authority granted to the president by Congress.” Like the previous executive orders, Travel Ban 3.0 would ban millions of Muslims from entering the U.S. The latest ban, issued through a September 24 presidential proclamation dropped one country from the previous list (Sudan) and added Chad, Venezuela and North Korea. It also made the ban indefinite. 


ACS Resources

Listen In

On Monday Jan. 30, ACS hosted a briefing call discussing President Trump’s Executive Order barring admission into the United States from seven predominantly Muslim countries for 90 days, suspending all refugee admissions for 120 days, and barring any entry by Syrian refugees without time limitation. Listen here.

The Supreme Court announced on June 26 that it will consider the legality of President Trump’s executive orders barring admission into the United States from certain predominantly Muslim countries. On June 27, ACS hosted a webinar that provided an overview of the questions before the Court and the larger legal context for this dispute. Listen here


Evading Review: The Administration’s Muslim Ban Arguments by Ryan J. Suto

We’re Challenging Muslim Ban 3.0, Which Is Just More of the Same by Cody Wofsy

The Attempt to Make the Muslim Ban Permanent by Ryan J. Suto

Muslim Ban Litigation: An Unfinished Symphony by Shoba Sivaprasad Wadhia

Musings on Today's Travel Ban Decision by the Supreme Court by Shoba Sivaprasad Wadhia

Reviewing Arguments on Trump's Travel Ban 2.0 by Pratheepan Gulasekaram

Should Elected Officials be Held Accountable in Court for Campaign Speech? by Heidi Kitrosser

Musings on Muslim Ban 2.0 by Shoba Sivaprasad Wadhia

An Extraordinary Act of Judicial Courage: Inside the Latest Travel Ban Court Opinion by Joshua Matz

President Trump's Muslim Fears and Korematsu's Honor by Mark Kende

Habeus: The Great Bulwark Against Tyrrany by Brandon L. Garrett

Overreach and (Partially) Overturned: President Trump's Executive Order on Immigration Roils the Courts and the Country by Richard Harris

The Need for an Exception Process Under Last Week’s Executive Order by Brad Smith

Trump’s Executive Order Strands American Heroes and Their Families by Robert Landicho, Peggy Li and Melissa Freeling

Downgrading U.S. to “Flawed Democracy” and the Trump Executive Order on Immigration by Margaret Hu


The Legal Battle

On October 17, a day before the third executive order was set to go into effect, Judge Derrick Watson of the U.S. District Court for the District of Hawaii blocked the implementation of the order on the grounds that it runs afoul of federal immigration law. 

On October 10, the Supreme Court dismissed one of two cases against Trump stemming from the second travel ban, with the second expected to be dismissed later in October. 

On September 25, the Supreme Court cancelled previously scheduled oral argument in Trump v. Hawaii and Trump v. IRAP. The Court asked both sides for further briefs. 

On September 24, President Trump issues his third executive order banning travel, this time indefinitely, from majority Muslim countries. The newest order also includes restrictions on Chad, Venezuela, and North Korea

Justice Anthony Kennedy, who handles emergency appeals from the U.S. Court of Appeals for the 9th Circuit, acted quickly on the government’s request: This afternoon he stayed the lower court’s ruling and ordered the challengers to respond by noon on Tuesday, September 12. 

Justice Department lawyers asked the high court Monday, September 11 to allow authorities to keep up a block on many refugees covered by Trump's ban.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously declined to overturn a district court judge’s ruling that the administration was taking too narrow a view of an exception the Supreme Court carved out from the travel ban in June.

Supreme Court Unsigned Opinion

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Trump v. Int'l Refugee Assistance Project (16-1436)

Trump v. Hawaii (16A1191)

Trump v. Int'l Refugee Assistance Project (16A1190)

Lawfare: Litigation documents and resources related to Trump Executive Order on Immigration. 

Petitioner's brief

Judge Robart's temporary restraining order

The Department of Justice brief.

American corporations respond here.

State attorneys general respond here.

Constitutional law professors respond here.

State of Washington and State of Minnesota v. Trump

Trump's Muslim ban.


ACS In the News

ACS President Caroline Fredrickson appeared on FOX 5 at 6:30

Liberal lawyers plan wave of resistance to Trump policies, The New York Times

Trump Admin Waits On Appeals Court Decision Following Oral Arguments After Federal Judge Halted Vetting Executive Order, Homeland Security Today