Trump’s New Travel Ban on Firmer Legal Footing

 

I think Trump’s new immigration order will withstand judicial scrutiny. Because it grants admission to all existing visa holders and permanent resident aliens, it is difficult to see who has standing to challenge this order — notwithstanding the Ninth Circuit’s made-up notion that the State of Washington could represent all aliens in the world who wanted to visit the United States. Aliens outside our territory with no pre-existing connection to the US do not have rights under the Constitution that can be recognized in court.

This time, the order explicitly relies on the findings of the last administration and the agencies that the six nations in question are state sponsors of terrorism or are countries where terrorist activity are matters of high concern. The editing out of special exceptions for Christian minorities undermines criticism that this order arises from anti-religion bias. It will be much harder to show connections between anti-Muslim statements made during the campaign and the motives behind this order, which the courts might not wish to examine any way.

Published in Domestic Policy, Immigration, Law
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  1. Kozak Member
    Kozak
    @Kozak

    The first one was perfectly legal.

    If only judges would do something as radical as following the law.

    • #1
  2. Ray Kujawa Coolidge
    Ray Kujawa
    @RayKujawa

    Washington state’s attorney general Bob Ferguson says he “still has constitutional and legal concerns about Trump’s new order but doesn’t know yet whether he’ll file another lawsuit.” But I agree, difficult to see who would have standing and my feeling is the new order will stand.

    • #2
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