by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park
On April 25, the Supreme Court heard arguments in the travel ban case. The argument began with Solicitor General Noel Francisco characterizing the travel ban (formally called a Proclamation) as a narrow one and reserved only for countries who fail to meet the “baseline” requirements needed to vet their nationals. The SG called the travel ban a lawful exercise of power under 8 U.S.C. 1182(f), which allows a President to suspend the entry of any noncitizen or class of noncitizens for such period as he shall deem necessary “[w]henever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States.” The SG’s legal arguments glossed over the human cost of the travel ban for U.S. citizens and lawful permanent residents seeking to reunite with their close family members overseas.