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."
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 Although the President has now rescinded that order, litigation on this matter looks set to continue with the Legal Director of the American Civil Liberties Union (ACLU) indicating that it will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.
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.