Muslim Ban

  • October 10, 2017
    Guest Post

    by Ryan J. Suto, J.D., Government Relations Manager, Arab American InstitutePhoto: https://commons.wikimedia.org/wiki/User:Rhododendrites

    The Trump Administration’s consolidated Muslim Ban cases, Trump v. IRAP and Trump v. Hawaii, were set for oral arguments today, October 10. However, the president released a Proclamation late last month to replace the challenged Executive Order, prompting the Supreme Court to remove the case from the argument calendar and request briefs on October 5 detailing whether litigation surrounding the now overridden and expired Executive Order is moot and thus should be denied further consideration.

  • October 5, 2017
    Guest Post
    Muslim Ban Airport

    by Cody Wofsy, Staff Attorney and Skadden Fellow, ACLU Immigrants' Rights Project

    *This piece was originally posted on ACLU's Speak Freely blog

    President Trump signed the third version of his Muslim ban executive order on Sept. 24, about two weeks before the case involving the second version of the ban was to be argued before the Supreme Court. This action led the court to cancel oral arguments on the earlier version so that the parties could address whether the new order renders the Trump administration’s appeal moot.

    In the meantime, the ACLU has returned to the federal district court to challenge the new order, which is set to go into effect on Oct. 18.

  • October 3, 2017
    Guest Post

    by Ryan J. Suto, J.D., Government Relations Manager, Arab American Institute

    On September 24, the Trump White House released a new Presidential Proclamation effective October 18, which essentially makes permanent the temporary Muslim/refugee Ban the president signed earlier this year. The Proclamation, like Trump’s previous Muslim Ban actions, relies on the fundamental assumption that foreigners, and specifically Muslims and Arabs, pose a heightened threat. Arguing “...foreign nationals who may commit, aid, or support acts of terrorism, or otherwise pose a safety threat…” the Administration holds tightly to creating xenophobic fears, despite no existing evidence to show that foreign nationals commit crimes at greater rates than citizens.

    Whereas the temporary travel ban, EO 13780, included Iran, Libya, Somalia, Sudan, Syria and Yemen, the Sept. 24 proclamation removed Sudan and added Chad, North Korea, and Venezuela. It also added nuance by providing a rationale to the Administration’s additions to the banned countries list, something we hadn’t seen with previous iterations.

  • July 20, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, the Samuel Weiss Faculty Scholar and Law Professor at Penn State Law and founding director, Center for Immigrants’ Rights Clinic.

    On June 26, the Supreme Court granted a partial stay and also granted certiorari in Trump v. Hawaii and Trump v. International Refugee Assistance Project, the Muslim travel ban cases. Here is a short analysis. The scope of the partial stay is as follows: within 72 hours of the ruling, any person from the six designated countries or refugee who cannot show a “bona fide relationship to a person or entity” will be banned from entry. The Department of State indicated that the travel ban would go into effect at 8:00pm EDT on June 29, 2017. Hours before the ban was to go into effect, the government issued guidance defining what constitutes a “bona fide relationship” narrowly. Litigation about the meaning of a “bona fide relationship” ensued in the Hawaii District Court and Ninth Circuit Court of Appeals.

  • March 13, 2017
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar & Clinical Professor of Law; Director, Center for Immigrants’ Rights Clinic, Penn State Law

    On March 6, 2017, President Donald Trump issued a “revised” Executive Order titled “Protecting the Nation from Foreign Terrorist Entry in the United States” in an attempt to avoid the catalogue of lawsuits brought against the first. However, the revised EO suffers from the same legal and policy flaws as the first by shutting the door on Muslims and refugees. Every country targeted by the revised EO is comprised of Muslim majority populations: Iran, Libya, Somalia, Sudan, Syria and Yemen. While the revised EO no longer lists “Iraq,” nationals from the country are singled out for special review in another section of the EO. Whether the list of countries is six or seven, Muslims remain the target.

    The revised EO applies specifically to those outside the United States without a valid visa at 5:00 p.m. on Jan. 27, 2017 and on the effective date, which begins one minute after midnight on March 16, 2017. The revised EO makes a few adjustments to the first by carving out exceptions for select people like green card holders, dual nationals and those already granted refugee-related protection. It also creates a waiver process for nationals of the six countries who seek entry during the 90-day ban. Waivers may be issued on a case-by-case basis for those who at a minimum prove that denial of entry would cause “undue hardship,” entry would not pose a threat to national security and entry would be in the “national interest.” How these waivers will be implemented is unknown but the revised EO lists nine scenarios where a waiver may be appropriate like those with previous “significant” contacts,” business, or professional obligations in the United States and those coming to visit a close family member. Despite the long list of examples contained in the EO there is no assurance that people will actually receive waivers or that agencies will be equipped to adjudicate them. The revised EO maintains the 120-day suspension to the refugee program and slash in the total number of refugees by over one-half from 110,000 to 50,000. Exceptions are available on a case-by-case basis for qualifying refugees through a “national interest” formula. Unlike the first EO, the revised version no longer contains an exemption for religious minorities or an indefinite ban on Syrian refugee admissions. Notably, all refugees, including those from Iraq and Syria are affected by the revised EO.