April 02, 2018

ABA urges U.S. Supreme Court to reject Trump administration’s latest travel ban on immigrants

CHICAGO, April 2, 2018 — The American Bar Association filed an amicus brief late Friday with the U.S. Supreme Court supporting Hawaii’s challenge to President Donald Trump’s revised executive order banning all immigration from six majority-Muslim nations, including five covered under previous versions of the executive order.

The most recent executive order, the third issued by the president seeking to restrict the entry of individuals, was issued on Sept. 24, 2017, the same day the previous order expired. The proclamation also bars certain non-immigrant visas for nationals of five of the countries while imposing token restrictions on two other, non-Muslim countries, the brief said.

Like the amicus briefs filed in previous cases, the ABA brief takes issue with the Trump administration’s contention that the executive order is unreviewable by the courts, including the Supreme Court.

“The government contends that this sweeping exercise of authority by the president is simply unreviewable,” the brief said.

“That position cannot be reconciled with this court’s precedent and with the rule of law,” the ABA brief continued. “The ABA urges this court to reject the government’s argument that the court should abdicate its role and, instead, to exercise its full power of judicial review to preserve and enforce fundamental constitutional and statutory limits on executive power.”

The ABA brief also argues that the latest revised executive order violates the prohibition on national origin discrimination in the Immigration and Nationality Act of 1965, and that the government’s arguments are inconsistent with the Supreme Court’s rulings in modern cases.

The ABA amicus brief filed in Donald J. Trump v State of Hawaii is available here.

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