Travel Ban to Receive Response from US Supreme Court (Update, Dec 4th)

Immigration entry stamp on the inside page of a passport.Immigration entry stamp on the inside page of a passport.

President Donald J. Trump filed an application to the US Supreme Court to receive a response regarding his proposed travel restrictions (for more information on the travel restrictions, see my previous articles 1. here and 2. here). The Supreme Court response, expected next Tuesday, will determine how litigation regarding the travel ban moves forward.

The travel ban continues to receive push-back from the American Civil Liberties Union. The travel ban, according to the ACLU, targets travelers on the grounds of their nationality, which is in violation of the 5th Amendment of the constitution. The federal court in Maryland, and Hawaii, have ordered restraining orders against the last three Presidential actions that have attempted to implement travel restrictions.

The move to the US Supreme Court marks the growing tension in the US between the judicial and the executive branch. Over the past few months, Attorney General Jeff Sessions has been using his authority in the Department of Justice to cut funding to “sanctuary cities” for not cooperating with Immigration and Customs Enforcement officers and refusing to detain illegal immigrants.

This strategy to threaten funding of cities not cooperating with this plan has been challenged by judges, who view this as an over-extension of the powers of the executive branch. The Us Supreme Court response this Tuesday will provide ammunition for either side of these debates over civil liberties and the limits of the authority held by the President’s Office and Department of Justice. I will be updating this article when the response is releases.

UPDATE: The US Supreme Court has allowed the full travel ban to come into effect. In today’s miscellaneous orders, the Supreme Court has stayed both Restraining Orders issued by the 4th and 9th circuit, making President Trump’s Executive Order from September 24th, 2017 in effect.

Click here and here for the links to the Supreme Court Order.

This blog post was written by a CCLA-PBSC RightsWatch student. Views expressed do not necessarily reflect the view of the CCLA or PBSC

About the Author

Nathan Prendergast
Nathan is a second year in the JD program at the University of Windsor Faculty of Law.