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Keeping Track of Travel Ban Litigation (Lawfare Blog)

Litigation Documents & Resources Related to Trump Executive Order on Immigration - "President Donald Trump’s first executive order banning entry into the United States by immigrants and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, and his revised executive order banning...

Another Blow to Trump Travel Ban: Hawaii v. Trump Preliminary Injunction Modified

Hawaii v. Trump, July 13, 2017 - "[W]hen appropriately considered in the context of the June 26 order, the Government’s narrowly defined list finds no support in the careful language of the Supreme Court or even in the immigration statutes on which the Government relies. ... In sum, the Government’s...

Latest DOS Cable on 'Close Family' Reflects Hawaii Ruling

MRN: 17 STATE 73352 Date/DTG: Jul 14, 2017 / 142214Z JUL 17 From: SECSTATE WASHDC Action: SOMALIA, USMISSION ROUTINE ; ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE ROUTINE E.O.: 13526 TAGS: CMGT, KPAO, PTER, KHLS, CVIS Captions: SENSITIVE Reference: A) 17 STATE 8708 B) 17 STATE 9516 C) 17 STATE 11004...

Supreme Court Issues Order in Trump v. Hawaii (July 19, 2017)

Supreme Court, July 19, 2017 - "ORDER IN PENDING CASE 16-1540 TRUMP, PRESIDENT OF U.S., ET AL. V. HAWAII, ET AL. The Government’s motion seeking clarification of our order of June 26, 2017, is denied. The District Court order modifying the preliminary injunction with respect to refugees...

The Implicit and Explicit Rulings in the Trump v. IRAP Stay Decision - Prof. Geoffrey A. Hoffman

Prof. Geoffrey A. Hoffman, July 25, 2017 - " On June 26, 2017, the Supreme Court granted certiorari and partially granted the Trump administration’s request for a stay of the injunction on the travel ban. The explicit ruling narrowed the scope of the injunction. The implicit ruling is more...

Halfway Through, Trump Coming Up Empty on Travel Ban

NBC News, Aug. 14, 2017 - "President Donald Trump’s travel ban hits its halfway mark this week, and experts say the administration does not have much to show for it. After several court setbacks, the Supreme Court allowed the administration to reinstate most of the ban, which runs for a total...

Trump Settles First Travel Ban Lawsuit

Adam Klasfeld, Courthouse News, Aug. 31, 2017 - "With Supreme Court arguments heating up for October, President Donald Trump waved a white flag Thursday on the original lawsuit that sparked a nationwide rebellion to his ban on travelers from Muslim-majority nations. The settlement released Thursday...

CA9 on Travel Ban: Hawaii v. Trump (Sept. 7, 2017)

Hawaii v. Trump, Sept. 7, 2017 - "We are asked to review the district court’s modified preliminary injunction, which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins...

Supreme Court Stays CA9 Travel Ban Ruling...For One Day

Trump v. Hawaii, Sept. 11, 2017 - "UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Ninth Circuit, case No. 17-16426, is hereby stayed with respect to refugees covered by a formal assurance, pending...

Hawaii Responds in Latest Travel Ban Dispute (Sept. 12, 2017)

Amy Howe, Sept. 12, 2017 - "The state of Hawaii fired back this morning, urging the Supreme Court to stay out of the most recent skirmish in the battle over President Donald Trump’s March 6 executive order, often known as the “travel ban.” Yesterday the Trump administration went...

SCOTUS Stays CA9 Travel Ban Decision (Sept. 12, 2017)

SCOTUS Order List, Sept. 12, 2017 - "The application for stay of mandate presented to Justice Kennedy and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Ninth Circuit in case No. 17-16426 is stayed with respect to refugees covered...

Reminder: The “Travel Ban” Expires This Morning (Probably Ending the Case, At Least for Now)

Marty Lederman, Sept. 24, 2017 - "By the time you read this, the heart of the so-called “travel ban” will probably be no more. Since June 29, the Executive branch, acting pursuant to Section 2(c) of Executive Order 13,780, has prohibited the nationals of six countries (Iran, Libya...

Travel Ban 3.0 - Presidential Proclamation (Sept. 24, 2017) - UPDATED

Monday, Sept. 25, 2017 - Here are five links regarding the new travel ban: 1. The Presidential Proclamation 2. A White House Fact Sheet 3. A White House FAQ 4. A State Department Alert (with some significant typos : a) for Iran, the chart says "No nonimmigrant visas except F, M, and...

Expert Stephen W. Yale-Loehr Unpacks Travel Ban 3.0

John Surico, VICE, Sept. 25, 2017 - "To make sense of the latest chapter in the ongoing saga that is travel policy under Donald Trump, VICE reached out to Stephen Yale-Loehr , an immigration law professor at the Cornell Law School and renowned expert on the topic. Here's what he had to say....

'Problems Ensue' - Trump Travel Ban 3.0 Enjoined, Twice (UPDATED)

Hawaii v. Trump, Oct. 17, 2017 - "Professional athletes mirror the federal government in this respect: they operate within a set of rules, and when one among them forsakes those rules in favor of his own, problems ensue. And so it goes with EO-3. ... Ignoring the guidance afforded by the Ninth Circuit...

DOS News Memo: Court Order on Presidential Proclamation on Visas (October 17, 2017)

DOS, Oct. 17, 2017 - "On October 17, 2017, the U.S. District Court for the District of Hawaii ordered that the government not enforce or implement Sections 2(a), (b), (c), (e), (g), and (h) of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting...

CA9 on Travel Ban: Hawaii & California v. Trump

Josh Gerstein, Politico, Nov. 13, 2017 - "A federal appeals court on Monday gave President Donald Trump temporary permission to proceed with part of the third version of his travel ban policy, but it created an exemption from the new restrictions for foreigners with U.S. ties. A Ninth Circuit...

DHS Inspector General Accuses Own Agency of Bottling-Up Travel Ban Report

Josh Gerstein, Ted Hesson, Seung Min Kim, Politico, Nov. 20, 2017 - "The Department of Homeland Security's official watchdog is accusing his own agency of slow-walking the public release of a report about confusion that ensued earlier this year after President Donald Trump issued his first travel...

State Department on Travel Ban (Nov. 13, 2017)

State Department, Nov. 13, 2017 - "... Nationals of the eight countries are subject to various travel restrictions contained in the Proclamation, as outlined in the following table, subject to exceptions and waivers set forth in the Proclamation. In addition, under applicable court orders, applicants...

Supreme Court Allows Trump Travel Ban to Take Effect

Adam Liptak, New York Times, Dec. 4, 2017 - "The Supreme Court on Monday allowed the third version of the Trump administration’s travel ban to go into effect while legal challenges against it continue. The decision was a victory for the administration after its mixed success before the...

Travel Ban (EO-3) Update: Peter S. Margulies

Dec. 5, 2017 - It's important to understand what yesterday's Supreme Court orders meant. Prof. Peter S. Margulies has these valuable insights: "On Monday, the Supreme Court issued a stay of the Maryland federal district court’s injunction against the Sept. 24 immigration order ...

DOS Posts Guidance, FAQ on Travel Ban (Dec. 8, 2017)

State Department - "On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing...

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017)

Audio of CA4 En Banc Oral Argument, IRAP v. Trump (Dec. 8, 2017) En Banc Panel: Chief Judge Roger L. Gregory Judge Paul V. Niemeyer Judge Diana Gribbon Motz Judge William B. Traxler, Jr. Judge Robert B. King Judge Dennis W. Shedd Judge G. Steven Agee Judge Barbara Milano Keenan Judge James A. Wynn...

Ninth Circuit Enjoins Trump Travel Ban 3.0, Stays Injunction Pending Supreme Court Review

Hawaii v. Trump, Dec. 22, 2017 - "For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries from entering the United States or being issued immigrant visas that they would ordinarily be qualified to...

Supreme Court Speeds Up Travel Ban Review, Pressure Now on CA4

Lyle Denniston, Jan. 8, 2019 - "Moving with unusual speed, the Supreme Court indicated on Monday that it will take its first look just 11 days from now at the Trump Administration’s new appeal seeking to defend the President’s third immigration order. That will no doubt force an earlier...