During arguments at the Supreme Court today, the justices seemed to be leaning toward upholding the third version of President Trump’s travel ban. While the final decision isn’t expected until June, if the court does decide in favor of the government, it would be a big win for the Trump Administration.
The court’s conservative justices appeared sympathetic to the administration’s contention that it has the authority to limit immigration in the name of national security. They also voiced skepticism about the relevance of Trump’s campaign promises and statements regarding Muslims.
The court’s liberal justices, on the other hand, expressed doubts about the president’s power to ban travelers indefinitely despite existing congressional law and said even his tweets on the subject can be used to decipher his motives.
At issue is the third version of the ban, which Trump has stated is a “watered-down” version. The court allowed it to go into effect while the case was litigated, but the lower courts have ruled that all three versions either violate federal law or are unconstitutional.
Like the earlier two bans, this version bars almost all travelers from five mainly Muslim countries and it adds a ban on travelers from North Korea and government officials from Venezuela.
Here are some of the questions at hand:
Can the courts review a presidential order on immigration that invokes national security?
Did the president violate the immigration law’s command against discrimination based on nationality?
And does the executive order violate the Constitution’s ban on religious discrimination?
Berardi Immigration Law will continue to closely monitor this issue and will be sure to provide our clients with the most accurate and up-to-date information possible. Be sure to subscribe to our blog to have the latest updates delivered straight to your inbox!
