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Trump v. Hawaii

Supreme Court of the United States

April 25, 2018, Argued; June 26, 2018, Decided

No. 17-965.

Opinion

 [*2403]  Chief Justice Roberts delivered the [***11]  opinion of the Court.

Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on that delegation, the President concluded that it was necessary to impose entry restrictions on nationals of countries that do not share adequate information for an informed entry determination, or that otherwise present national security risks. Presidential Proclamation No. 9645, 82 Fed. Reg. 45161 (2017) (Proclamation). The plaintiffs in this litigation, respondents here, challenged the application of those entry restrictions to certain aliens abroad. We now decide whether the President had authority under the Act to issue the Proclamation, and whether the entry policy violates the Establishment Clause of the First Amendment.

Shortly after taking office, President Trump signed Executive Order No. 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States. 82 Fed. Reg. 8977  [**785]  (2017) (EO-1). EO-1 directed the Secretary of Homeland Security to conduct a review to examine the adequacy of information provided by foreign governments about their nationals seeking to enter the United States. §3(a). Pending [***12]  that review, the order suspended for 90 days the entry of foreign nationals from seven countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—that had been previously identified by Congress or prior administrations as posing heightened terrorism risks. §3(c). The District Court for the Western District of Washington entered a temporary restraining order blocking the entry restrictions, and the Court of Appeals for the Ninth Circuit denied the Government’s request to stay that order. Washington v. Trump, 847 F. 3d 1151 (2017) (per curiam).

In response, the President revoked EO-1, replacing it with Executive Order No. 13780,  [*2404]  which again directed a worldwide review. 82 Fed. Reg. 13209 (2017) (EO-2). Citing investigative burdens on agencies and the need to diminish the risk that dangerous individuals would enter without adequate vetting, EO-2 also temporarily restricted the entry (with case-by-case waivers) of foreign nationals from six of the countries covered by EO-1: Iran, Libya, Somalia, Sudan, Syria, and Yemen. §§2(c), 3(a). The order explained that those countries had been selected because each “is a state sponsor of terrorism, has been significantly compromised by terrorist organizations, or contains active conflict zones.” §1(d). The entry restriction was to stay in effect for 90 days, [***13]  pending completion of the worldwide review.

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138 S. Ct. 2392 *; 201 L. Ed. 2d 775 **; 2018 U.S. LEXIS 4026 ***; 86 U.S.L.W. 4602; 27 Fla. L. Weekly Fed. S 503; 2018 WL 3116337

DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, et al., Petitioners v. HAWAII, et al.

Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.

Subsequent History: On remand at, Remanded by Hawaii v. Trump, 898 F.3d 1266, 2018 U.S. App. LEXIS 22237 (9th Cir., Aug. 10, 2018)

Related proceeding at, Motion denied by Mayor & City Council of Balt. v. Trump, 2019 U.S. Dist. LEXIS 161686 (D. Md., Sept. 20, 2019)

Prior History:  [***1] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Hawaii v. Trump, 878 F.3d 662, 2017 U.S. App. LEXIS 26513 (9th Cir. Haw., Dec. 22, 2017)

Disposition: Reversed and remanded.

CORE TERMS

Proclamation, visa, aliens, injunctions, restrictions, immigration, national security, ban, religious, courts, suspend, religion, vetting, travel, foreign national, Amici, animus, nonimmigrant, cases, exemptions, Refugee, national-security, Presidential, terrorist, waivers, district court, suspension, campaign, limits, grounds

Immigration Law, Admission of Immigrants & Nonimmigrants, General Overview, Inadmissibility, Grounds for Inadmissibility, Grounds for Inadmissibility, Visa Eligibility & Issuance, Administrative Waivers, Governments, Legislation, Interpretation, Constitutional Law, Case or Controversy, Standing, Elements, Fundamental Freedoms, Freedom of Religion, Establishment of Religion, The Presidency, Foreign Affairs, Constitutionality of Legislation