3/27/2019

COURTS/IMMIGRATION/TRAVEL BAN/TRUMP AS PRESIDENT: “In the months since June 2018, when the Supreme Court upheld the third version of President Donald Trump’s controversial travel ban, the matter has largely slipped from the headlines as the president’s political adversaries have turned their attention to other issues. But the ban—which, even in its revised form almost completely blocks travelers from seven potentially dangerous countries, five of them with Muslim-majority populations—remains a rare and blunt-force instrument in American immigration policy. It’s the law of the land. But even with the Supreme Court’s imprimatur, it may not be as bulletproof as the White House assumes. At the time of the high court’s ruling, the key question was whether the policy was constitutional as written. But now, more than two years since Trump first issued the ban, the question isn’t simply whether the travel ban is up to snuff; it’s whether evidence demonstrates the law is equitable in practice—and whether its real-world enforcement is as fair as the administration promised the justices. There are plenty of reasons to believe it is not. The original version of the policy, which barred the citizens of seven Muslim-majority countries from entering the United States and included green card holders from those nations, was immediately enjoined by federal judges for either violating due process rights or expressing religious animus.”

Robert L. Tsai, “Trump’s Travel Ban Faces Fresh Legal Jeopardy,” Politico, March 27, 2019