Wednesday, October 18, 2017

Peter Margulies -- Travel Ban 3.0: The Hawaii TRO Is Right on the Statute


Yesterday, a federal court enjoined implementation of Travel Ban 3.0Peter Margulies on Lawfare writes:

"On Tuesday, Judge Derrick Watson of the federal district court in Hawaii issued a temporary restraining order (TRO) against President Donald Trump’s third executive order (which Watson referred to as EO-3”) limiting entry of noncitizens into the United States. Watson held that EO-3 exceeded the president’s authority under the Immigration and Nationality Act (INA). That judgment is amply supported by the INA’s text, structure, and purpose. . . . 

Congress added § 1152(a)(1)(A) to the INA in 1965 to pivot from the stark national origin quotas that had dominated immigration law for forty years. According to the Senate Judiciary Committee report noted above, the quota system lacked the “required degree of flexibility” to “permit the reuniting of families.” In decisively rejecting national origin quotas, the 1965 immigration amendments sought to ensure that discriminatory purpose had no place in the issuance of immigrant visas. As an indefinite bar to the entry of nationals of certain countries, EO-3 would return the U.S. to that dark pre-1965 period.
Judge Watson wisely recognized that the 1965 immigration amendments sought to consign national origin discrimination to the dustbin of history. Appellate courts should follow his lead."


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