Not a Lexis+ subscriber? Try it out for free.

Immigration Law

Expert: Trump Travel Ban Needs Adjusting

Greg Stohr, David Voreacos, Bloomberg News, Feb. 11, 2017- "President Donald Trump could solve the most glaring problem a federal appeals court found with his travel ban by explicitly saying it doesn’t cover immigrants who already have a permanent right to live in the U.S.  But that wouldn’t fix everything.  A day after losing a 3-0 appeals court ruling on his effort to temporarily ban entry by people from seven mostly Muslim nations, Trump said he may issue a revised executive order. Trump told reporters Friday the changes would be "very little, just in honor of the decision" and could come as early as Monday.  His comments came as his aides sent conflicting signals about whether Trump had dropped the idea of seeking immediate Supreme Court intervention.  A rewrite of the travel ban would almost certainly trigger a new round of legal challenges on a topic that has riveted the nation and sparked turmoil around the globe over the past two weeks. The White House will have to make a number of changes and even then won’t have any guarantee its new approach will survive legal challenges. ... Stephen Yale-Loehr, an immigration-law professor at Cornell University, said the administration needs to make clear that the only people barred from entry are those who don’t have prior connections to the country.  “If they don’t have any ties to the United States, the government would have a good argument that they don’t have any constitutional rights,” he said."

[Prof. Yale-Loehr is co-author of Immigration Law and Procedure, the 21-Volume "Bible'' of immigration law that has been cited in over 450 federal court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court.]