We are opening a thread on the Forum for posts on the Executive Orders. Please send submissions to email@example.com.
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 Although the President has now rescinded that order, litigation on this matter looks set to continue with the Legal Director of the American Civil Liberties Union (ACLU) indicating that it will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.
The Travel Ban 2.0 March 8, 2017 - Donald Trump’s revised Executive Order imposing a visa ban and reducing the U.S. refugee resettlement program can be found here.
I found this commentary by Amy Davidson (The New Yorker) particularly insightful.
The Order was (re)written in an attempt to withstand legal challenges. Thus, it includes paragraphs offering a security rationale for the (now) six countries it includes in the visa ban (Iraq is off the list); it exempts from the ban all persons with existing valid visas to enter the U.S. as well as green card holders, already approved refugees and other categories; it deletes the provision that gave special treatment for religious minorities seeking entry as refugees; and—to avoid a repeat of the havoc at airports—it doesn’t go into effect for 10 days.
The Trump Executive Orders on immigration and refugees: opening a thread and sources of information February 10, 2017 - There will be much to report about Donald Trump’s Executive Orders relating to immigration enforcement and refugees over the coming weeks and months.
Receiving most attention at the moment are the literally dozens of court cases challenging the ban on the admission of persons from seven predominantly Muslim countries and suspension of the U.S. refugee program. Yesterday, the federal Court of Appeals for the Ninth Circuit upheld a decision by a Seattle, Washington district court granting a nationwide Temporary Restraining Order that suspended enforcement of these aspects of one of the Executive Orders.