We are opening a thread on the Forum for posts on the Executive Orders. Please send submissions to firstname.lastname@example.org.
Refugee EO Update: The Supreme Court Hands Each Side a Partial Victory July 20, 2017 - The Supreme Court issued an order yesterday regarding President Trump’s revised Refugee Executive Order (EO) that provided comfort to both the Administration and Hawaii, which has challenged the EO. The Court left in place the portion of Hawaii U.S. District Court Judge Derrick Watson’s injunction barring application of the EO to foreign nationals abroad with U.S. relatives such as grandparents, grandchildren, uncles, aunts, nieces, nephews, and cousins.
Trump Tweets on his Travel Ban–what does DOJ do now? June 5, 2017 - President Trump's tweets this morning are truly remarkable and must be giving fits to Department of Justice attorneys--not to mention his Press Secretary and Cabinet Secretaries who have repeatedly asserted that the Executive Orders do not constitute a "ban."
US Refugee Admissions resume, and another loss in court for the Trump Executive Orders May 29, 2017 - Two items worth noting. First, the State Department has again begun processing for refugee admissions, despite President Trump's Executive Order putting the program on hold and capping admissions for the current fiscal year at 50,000. Second, the Federal Court of Appeals for Fourth Circuit issued a scathing opinion affirming (nearly all parts of) a lower court's preliminary injunction against the revised Trump Order.
President Trump’s Immigration ban: Unlawful Executive Orders and Bureaucratic Resistance March 10, 2017 - As Alex Aleinikoff stated in this forum recently, there will be much to report about Donald Trump’s Executive Orders relating to immigration enforcement and refugees in coming months.
Given that the President recently issued an amended immigration order on 6 March, it is timely to reflect not only upon the legality of the order itself, but also upon the broader question of the role of the bureaucracy in carrying out any new order.
As readers will know, President Trump’s executive immigration order issued in January attracted protest and litigation. In States of Washington and Minnesota v. Trump the U.S. District Court for the Western District of Washington granted a temporary injunction against the operation of the order, and the 9th Circuit refused to stay that injunction. Although the President has now rescinded that order, litigation on this matter looks set to continue with the Legal Director of the American Civil Liberties Union (ACLU) indicating that it will challenge the revised order in the courts.