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US Renew News: Where Facts Make a Difference (Check Out Our News Coverage Below)

Brief #51 Immigration

April 25, 2018

Policy Summary

On Wednesday, April 25, the Supreme Court of the United States (SCOTUS) heard arguments over the Trump Travel ban in the case of Trump v. Hawaii. This case is going to decide if the third iteration of Trump’s travel ban is constitutional. The third and most current revision of the ban currently in place bars citizens from Syria, Libya, Iran, Yemen, Somalia, North Korea, and Venezuela from entering the country. (Chad was on the third travel ban but was removed before arguments in front of the Supreme Court took place.) SCOTUS is specifically taking a look at the restrictions placed on travelers from the first five of the seven aforementioned countries.

After the arguments, National Public Radio and The Washington Post both reported that Conservative SCOTUS justices appear to be siding with the Trump administration on the constitutionality of the travel ban. This notion is drawn largely from claims made by Justice Kennedy, who is often SCOTUS swing vote in spite of his conservative nature. Justice Kennedy repeatedly stated that the Court does not tend to question national security decisions made by a president, who tends to have more up-to-date and comprehensive knowledge on contemporary national security issues.

The Court is expected to release its decision on Trump v. Hawaii in early June.


While Justice Kennedy isn’t wrong when he claims that the President in all likelihood has more insider knowledge on national security issues than the SCOTUS, it seems that he is neglecting to consider that it is up to him and the rest of the Supreme Court to decide on the constitutionality of the ban and not to decide the depth of the President’s knowledge on the topic of national security. The ban is solely founded on anti-Muslim sentiments fueled by false claims that all Muslims from the banned countries are terrorists and pose a threat to the security of the United States. If the Court rules in favor of Trump, it is upholding the fear-mongering tactics Trump has used to garner support for the ban, threatening American democracy, tolerance, and against Trump’s false word, safety.

Engagement Resources

Act with ACLU ActionACLU Action enables people to sign petitions and contact their representatives regarding pressing social and political matters. Through ACLU Action, you can add your name to the petition to call on Congress to rescind the travel ban immediately.

Support the National Immigration Law Center: Since 1979, NILC has been exclusively dedicated to defending immigrants with low income. Through impact litigation, policy analysis and advocacy, and strategic communications, NILC advances the rights of those who came here in search of a better life. You can support NILC’s mission by donating or attending one of their training or educational events.

Stay Up to Date with the National Immigration Forum: The National Immigration Forum is a DC-based nonprofit that leads the nation in constructive conversation and advocacy for the value of immigrants and immigration. The Forum is currently running a program called Immigration 2020, a multi-constituency effort to ensure that new Americans have the opportunities, skills, and status they need to contribute to the United States and realize their maximum potential. Join the organization’s email list to stay update on all things related to immigration policy.


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