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Immigration Law

Expert: Trump Travel Ban Suffers 'One-Two Punch'

Maura Dolan and Jaweed Kaleem, Los Angeles Times, June 12, 2017 - "Another federal appeals court refused on Monday to lift a hold on President Trump’s travel ban, ruling that it lacked justification and violated a federal immigration law that prohibits discrimination based on nationality. The unanimous, unsigned decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals provided a second legal basis for blocking Trump’s travel moratorium and delivered yet another major legal defeat to the Trump administration. Other courts, including the 4th Circuit Court of Appeals, have ruled that Trump’s ban violated constitutional protections against religious discrimination. The administration has appealed the 4th Circuit decision to the U.S. Supreme Court. The 9th Circuit, following a different rationale, said it wasn’t necessary to reach the constitutional question because Trump’s order violated the Immigration and Nationality Act passed by Congress. ... Stephen Yale-Loehr, an immigration attorney and law professor at Cornell University, said the Supreme Court might find it easier to reject the travel ban based on a violation of existing law rather than constitutional grounds. “It is always hard to win an immigration case on constitutional grounds in the Supreme Court because immigration touches on foreign relations and national sovereignty issues,” he said. People outside the United States also generally don’t have U.S. constitutional rights, he said. The combination of the two rulings “provides a one-two punch against the executive order that will make it harder for the administration to win at the Supreme Court," he said. The high court is likely to decide this month whether it will review the travel ban."