The Supreme Court says President Donald Trump’s travel ban is a typical government policy — not an expression of Trump’s feelings about Muslims.
Travel ban: Supreme Court upholds Trump’s executive order on immigration and refugees
On Tuesday, in an opinion written by Chief Justice John Roberts, the Supreme Court ruled for the government in Trump v. Hawaii, the lawsuit over the current version of the travel ban — the third that the Trump administration has issued since it made its first effort in January 2017.
In a 5-4 decision (the court’s liberals dissented), Roberts reversed the ruling of the 9th Circuit Court that had attempted to put the travel ban on hold — a ruling that the Supreme Court had already kept from going into effect while it reviewed the case — and sent the case back to the 9th Circuit to reconsider.
The current version, which prevents some (or all) immigrants, refugees, and visa holders from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen from entering the US, has been in full effect since early December (thanks to an earlier Supreme Court ruling). For a full explanation of how the case has developed, see Vox’s Trump v. Hawaii explainer.
The existing ban is much narrower than Trump’s first attempts — thanks in part to early court defeats in 2017, it only applies to certain categories of visa applicants (depending on country) and theoretically allows for would-be immigrants to apply for waivers.
But it’s also designed to be permanent.
In theory, the legal fight over the travel ban isn’t over, since the Supreme Court is still instructing the 9th Circuit to rule on the merits of the ban. But by decreeing that the legal challenges to the ban aren’t “likely to succeed” on the merits, the court has just made it extremely difficult for the ban to get struck down in future.
Trump’s expanded travel ban just went into effect for 6 new countries
People hold signs showing their support of ending a travel ban on Muslim-majority countries at a news conference on January 27, 2020, in Washington, DC. Sarah Silbiger/Getty ImagesThe Trump administration’s new restrictions on immigrants from Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania went into effect on Friday in an expansion of its controversial travel ban policy.
The new restrictions, detailed in a proclamation President Trump signed last month, aren’t as severe as those for other countries covered by the preexisting travel ban: They will still allow people from the newly listed countries to travel to the US temporarily.
Read Article >Trump’s expanded travel ban will hit Nigerians the hardest
Four-year-old Bryan Otokunrin of Nigeria waits with his family for the start of a naturalization ceremony at the Seaport World Trade Center where 1,665 immigrants from 113 countries became American citizens. Tamir Kalifa for The Boston Globe via Getty ImagesNo country has more to lose from President Donald Trump’s decision to expand the travel ban than Nigeria.
Starting February 22, Nigerians will no longer be able to obtain visas allowing them to immigrate to the US permanently. They can still travel to the US on temporary visas, such as those for foreign workers, tourists, and students. But for the large Nigerian diaspora in the US, the policy could erode their deep family and cultural ties to their home country, Africa’s most populous nation and one of its economic powerhouses.
Read Article >Exclusive: internal documents show how hard it is for some immigrants to get a travel ban waiver
For people seeking to enter the US from seven countries covered in Trump’s “travel ban,” the No Entry sign has been literal since December 2017. Keith Bedford/Boston Globe via Getty ImagesNine months after the Trump administration’s travel ban fully and permanently went into effect, the public is finally beginning to get some insight into how it’s being implemented — and whether the administration is actually as willing as it has claimed to give waivers to worthy visa applicants.
Documents from January 2018, newly obtained by the International Refugee Assistance Project (IRAP) via a Freedom of Information Act request and shared with Vox, show the official guidance on the ban provided by the State Department to consular officers (who are responsible for conducting visa interviews and approving or denying visa applications).
Read Article >Democrats sat out the 2014 midterms and lost the Supreme Court for a generation
In 2014, Mitch McConnell took the Senate back from Harry Reid. Today’s Supreme Court decisions are the result. Chip Somodevilla/Getty ImagesAnthony Kennedy’s decision to retire at a moment when Donald Trump holds the presidency and Mitch McConnell controls the Senate hands conservatives true control of the Supreme Court for the foreseeable future.
As Dylan Matthews writes in an essential piece, “an America after Anthony Kennedy looks significantly different from America before. The movement against mass incarceration could run into unprecedented resistance from the Court, and the anti-abortion movement could notch its greatest victories in a half-century. This Supreme Court vacancy will give Donald Trump the power to shift jurisprudence on a range of critical issues. It could wind up being the most important part of his legacy.”
Read Article >The Supreme Court upheld Trump’s travel ban by pretending Trump isn’t the president
Al Drago-Pool/Getty ImagesBy upholding President Donald Trump’s travel ban (in its third iteration) in Trump v. Hawaii on Tuesday, the Supreme Court did Trump an enormous favor: It pretended he didn’t exist.
Chief Justice John Roberts’s majority opinion (signed onto by the Court’s three other conservatives and “swing vote” Anthony Kennedy) is a clear declaration that the executive branch had the legal power to indefinitely restrict certain visa holders and immigrants from several countries, as the current travel ban (signed in September) has done since it was allowed to go into effect in December. The opinion scrupulously avoids any defense of Donald Trump, as an individual, in deciding to order such a policy.
Read Article >The travel ban decision echoes some of the worst Supreme Court decisions in history
Brendan Smialowski/AFP/Getty ImagesThree times in American history, the Supreme Court has been asked to speak to a law, neutral on its face, yet rooted in a popular hatred or intolerance of minorities. Three times, it has chosen to ignore the real reasons for the law.
Three times, it has instead given a free pass to laws and policies predicated on discriminatory judgments that our Constitution supposedly bars.
Read Article >Awkward: the upheld travel ban still applies to North Korea, too
North Koreans are still banned from traveling to the United States. Carl Court/Getty ImagesThe Supreme Court just decided to uphold President Donald Trump’s travel ban, which prevents some citizens from five Muslim-majority countries — Syria, Iran, Libya, Yemen, and Somalia — from entering the US.
But it’s worth noting something else: North Korea is actually on the list as well.
Read Article >How Trump’s travel ban threatens health care, in 3 charts
Mandel Ngan/AFP/Getty ImagesThe Supreme Court’s decision allowing the third iteration of President Trump’s travel ban to become permanent immigration policy could have far-reaching effects on the health care system because of a little-appreciated fact: That system relies heavily on foreigners, including foreigners from the list of seven banned countries.
In a 5-4 decision Tuesday, the court upheld the current version of the travel ban — which means the administration can refuse some immigrants and visa holders from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen entry to the US. This means would-be doctors, nurses, and home care aides (or their family members) from these countries will have a hard time entering the US, even when they qualify for the administration’s waiver program.
Read Article >How Trump finally got his travel ban, in a flowchart
President Donald Trump finally has his travel ban.
On Tuesday, the Supreme Court ruled in favor of the most recent version of the travel ban in Trump v. Hawaii. This isn’t the same executive order that generated a huge backlash in the early days of Trump’s presidency. That order banned all people from seven majority-Muslim countries for 90 days and nearly all refugees for 120 days — and was struck down by the courts.
Read Article >The moral case against Trump’s travel ban
Migrants and refugees from Syria are assisted by members of the Spanish NGO Proactiva Open Arms after being on board of a wooden boat sailing out of control 30 miles (60 km) north of Sabratha, Libya on February 18, 2017 at Sea. David Ramos/Getty ImagesThe Supreme Court, by a 5 to 4 vote, just upheld President Trump’s travel ban on immigrants from several predominantly Muslim countries, including Iran, Somalia, Syria, and Yemen.
The decision puts an end to the legal disputes over the constitutionality of Trump’s travel ban, but the ethics of the policy remain highly debatable. Do we have moral obligations to refugees fleeing horrendous conditions in their home countries? Is the ban consistent with core American values like fairness and justice? And what rights do states have to accept or reject refugees based on the expected burdens it might impose on their societies?
Read Article >Mitch McConnell’s stunning Supreme Court success
Just minutes after the Supreme Court’s conservative majority upheld President Trump’s travel ban, Mitch McConnell’s campaign team tweeted a photo of him with Supreme Court Justice Neil Gorsuch.
The message was obvious: Gorsuch’s confirmation made the difference in this case — and the Senate majority leader wanted to brag about his role in making that happen.
Read Article >Read: Sotomayor condemns Trump’s “unrelenting attack on the Muslim religion”
Leigh Vogel/Getty ImagesThe Supreme Court ruled on Tuesday, June 26, 5-4, that the Trump administration’s travel ban targeting Muslim-majority countries is constitutional, largely because the administration picked the listed countries using criteria that were, on their face, race- and religion-neutral. Those criteria just happened to result in a policy banning entry from a number of Muslim countries (plus North Korea and Venezuela) and to come from a president who had repeatedly promised to bar Muslims from entering the United States.
The Court’s four liberals dissented. Justice Stephen Breyer’s dissent, which Justice Elena Kagan joined, is cautiously written, arguing that the case should be sent back to district court based on evidence that the policy is not being applied in a fair way.
Read Article >How Trump’s travel ban became normal
The first version of President Donald Trump’s travel ban, a January 2017 executive order “Protecting the Nation from Foreign Terrorist Entry Into the United States,” sparked panic and protests. By the time a third version of the travel ban made its way to the Supreme Court in April 2018, in the case Trump v. Hawaii, both chaos and outrage had disappeared. AFP/Getty ImagesPresident Donald Trump’s travel ban, in its third iteration, has been upheld by the Supreme Court in an opinion (written by Chief Justice John Roberts) that all but declares: This is normal.
Roberts’s opinion is a defense of the established process by which the most recent version of the ban was designed and implemented, of the rationales the administration offered to the Court for it that didn’t have anything to do with the “Muslim ban” Trump proposed as a candidate.
Read Article >Supreme Court rules in favor of Trump’s travel ban
Getty ImagesDonald Trump’s travel ban now appears to be a permanent part of US immigration policy.
On Tuesday, in an opinion written by Chief Justice John Roberts, the Supreme Court ruled for the government in Trump v. Hawaii, the lawsuit over the current version of the travel ban — the third that the Trump administration has issued since it made its first effort in January 2017.
Read Article >Read: Supreme Court upholds travel ban
Activists protest the travel ban outside the US Supreme Court on December 7, 2017, in Washington, DC. Brendan Smialowski/AFP/Getty ImagesThe Supreme Court upheld President Donald Trump’s travel ban Tuesday by a vote of 5 to 4, ruling that Trump’s decision to ban or restrict travel and immigration from seven countries, most of them majority-Muslim, was within his constitutional authority.
Chief Justice John Roberts wrote the majority opinion, with the court’s four liberals — Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan — dissenting.
Read Article >North America will host the 2026 World Cup after Trump promised the travel ban won’t apply
Then-Republican presidential candidate Donald Trump gestures to himself as he speaks to veterans at Drake University in Des Moines, Iowa, on January 28, 2016. Christopher Furlong/Getty ImagesThe United States, Canada, and Mexico might have won the rights to host the 2026 World Cup in part because President Donald Trump promised that some of his most restrictive immigration policies would be relaxed for players and fans attending the games.
The three North American countries, which made a joint bid, were considered strong contenders to host the World Cup. But according to the New York Times, other nations’ representatives were worried about the Trump administration’s travel ban, as well as Trump’s comments about immigrants from “shithole countries.”
Read Article >Trump v. Hawaii: the Supreme Court’s travel ban oral arguments look better for Trump
The Supreme Court heard oral arguments in a lawsuit over President Trump’s “travel ban,” the third version of a policy (first implemented by executive order) that stops people from several majority-Muslim countries from entering the US. Mark Wilson/Getty ImagesWednesday morning’s Supreme Court oral arguments in Trump v. Hawaii — the case over President Donald Trump’s third version of the “travel ban” on immigrants and temporary visitors from several countries, most of which are majority Muslim — didn’t make the Court’s job in deciding the legality and constitutionality of the ban any easier.
Solicitor General Noel Francisco, arguing (for the government) that the ban should be allowed to continue, gave a strong performance that stuck to his side’s strongest arguments. So did Neal Katyal, arguing (for the state of Hawaii and other organizations suing the administration) that the Supreme Court should uphold a Ninth Circuit Court of Appeals ruling that would have stopped the ban from being enforced. (The Supreme Court ruled in December that the ban should remain in effect until it weighed in more fully this spring.)
Read Article >The Supreme Court might make Trump’s travel ban permanent
The Supreme Court is taking up Trump v. Hawaii, a case over the third version of President Trump’s travel ban on immigrants and visa-holders from several countries (most of them majority-Muslim). Drew Angerer/Getty ImagesOn Wednesday, the Supreme Court will take up the travel ban again.
But in the year since the Court first examined the Trump administration’s efforts to bar people from certain countries, most of them majority-Muslim, from entering the US, the ban and the landscape both look very different.
Read Article >Get ready for the permanent travel ban to go into effect
David McNew/Getty ImagesThe latest iteration of President Trump’s travel ban is finally about to go into effect for six majority-Muslim countries — but, again, it’s the courts rather than the White House setting the terms.
On Monday, judges from the Fourth and Ninth Circuits of the US Court of Appeals issued rulings that, in effect, allow the US to ban some residents of Chad, Iran, Libya, Somalia, Syria, and Yemen indefinitely, while the lawsuit against the ban’s constitutionality makes its way through the courts. (Travel bans on Venezuela and North Korea were already in effect.) The circuit courts are partially superseding rulings from lower-court federal judges, who had put the ban on hold entirely for majority-Muslim countries.
Read Article >Trump’s latest, indefinite travel ban just got blocked in court (for now)
Photo by David McNew/Getty ImagesPresident Donald Trump’s executive order stopping the entry of people from eight countries into the US, on the basis that their governments don’t share enough information to vet visa applicants, has been put on hold by a federal judge hours before it was supposed to go into effect — again.
But if you’re feeling déjà vu, resist it. This time might be different.
Read Article >The Trump administration just made its travel ban permanent
Protestors hold up signs while taking part in a demonstration in January against U.S. President Donald Trump’s executive order banning travel from majority Muslim countries. Photo by Stephen Brashear/Getty ImagesPresident Donald Trump issued an executive order over the weekend that restricts travel to the US from more countries than any of the travel bans that have come before it, effectively banning almost all travel from eight countries — six of which have majority Muslim populations — indefinitely.
Come October 18, nationals of Chad, Iran, Libya, Syria, Venezuela, Yemen, Somalia, and North Korea will be more or less barred entry to the United States. Each nation under this ban is subject to its own travel restrictions, but the order overwhelmingly bars tourists, families of American residents, and even those seeking medical visas from entering the United States. Those who already have permanent residency or already hold visas are exempted from the ban — but cannot renew their visas after they expire. And now the Supreme Court has canceled oral arguments against the travel ban, until both sides file new briefs on the impact this permanent policy would have.
Read Article >Supreme Court tells Trump he can ban refugees, but not grandparents of immigrants
David McNew/Getty ImagesThe Supreme Court just clarified to the Trump administration that — for now — it can ban certain refugees from entering the United States, but it can’t ban the grandparents of US residents from visiting.
The Court refused to dispute last week’s ruling by a lower court that decided Trump had misinterpreted the higher court’s ruling from June, which allowed a limited version of Trump’s travel ban to go into effect until the justices hear the case in the fall. It did, however, clarify that grandparents cannot be legally banned under the Supreme Court’s ruling. The administration would have to argue that in the lower courts.
Read Article >The latest travel ban development is bad news for grandmothers and refugees
Photo by David McNew/Getty ImagesNow that a version of President Donald Trump’s travel ban is finally in effect, its critics are having a tougher time getting the courts to tweak it.
On Thursday night, Federal District of Hawaii Judge Derrick K. Watson — one of the judges who stopped the travel ban from going into effect back in March — refused to answer a question about whether some relatives of US residents, and most refugees, ought to be banned under the ruling the Supreme Court issued last week.
Read Article >A legal journalist on the “surreal” experience of becoming a US citizen under Trump
A protest against the travel ban in San Francisco in January. Tayfun Coskun/Anadolu Agency via Getty“America is not doing so hot right now,” declares law and technology journalist Sarah Jeong. But after the election of Donald Trump, she decided to become a US citizen anyway.
Jeong, who was born in South Korea, has spent the Trump administration doing two things. She’s been completing the naturalization process (she was formally sworn in as a citizen on June 28), in part to move past the fears she’s always felt as an immigrant going through “the system” — particularly when traveling outside the US. And she’s been covering the ongoing litigation over the Trump administration’s travel ban — which is, in part, a legal fight over how immigrants were treated when they returned to the US after traveling abroad.
Read Article >Why the new travel ban isn’t causing chaos
This family arrived in the US without incident Thursday night. Paul J. Richards/AFP via GettyThe travel ban is back, but you wouldn’t know it at the airports.
In January, the first time the Trump administration attempted to ban people from several majority-Muslim countries from entering the US for 90 days, and refugees for 120 days, it produced chaos: massive protests, widespread detentions of people arriving at American airports, a flurry of legal challenges that ultimately put the ban on hold after a week.
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