Home Daily News En banc 4th Circuit says Trump's latest travel… Immigration Law By Debra Cassens Weiss Posted February 15, 2018, 11:48 am CST The 4th U.S. Circuit Court of Appeals in Richmond, Virginia A second federal appeals court has ruled against President Donald Trump’s latest travel ban. The en banc 4th U.S. Circuit Court of Appeals based in Richmond, Virginia, said the ban is “unconstitutionally tainted with animus toward Islam.” Politico, BuzzFeed News, the National Law Journal and the Associated Press have stories on the 9-4 decision. Chief Judge Roger Gregory wrote the majority opinion. The latest travel ban restricts travel to the United States from eight countries, including six Muslim-majority nations. The travel restrictions vary based on the country. The opinion says the travel ban likely violates the establishment clause and points to Trump’s “disparaging comments and tweets” as evidence of anti-Muslim bias. “On a … [Read more...] about En banc 4th Circuit says Trump’s latest travel ban is ‘tainted with animus toward Islam’
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New guidelines for US border searches add protections for traveling attorneys
Hundreds of American lawyers will be traveling to Vancouver, British Columbia, for the ABA Midyear Meeting next week. As they pass through U.S. and Canadian customs, they and their electronic devices can be searched—and through the efforts of the ABA, the Department of Homeland Security has recently clarified its policies on how it intends to protect privileged information during its searches.The ABA contacted Homeland Security in May with its concerns about the potential for violations of attorney-client privilege at the nation’s borders in a letter written by then-ABA President Linda Klein.Klein said the ABA was concerned about the breadth of the authority given to U.S. Customs and Border Protection agents to search lawyers’ electronic devices “without any showing of reasonable suspicion.” She asked that DHS clarify the directive on electronic device search and seizure, originally written in 2009, to protect attorneys and their clients.“We … [Read more...] about New guidelines for US border searches add protections for traveling attorneys
Supreme Court to review challenge to latest travel ban
[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in Trump v. Hawaii [docket], a challenge to the latest version of the so-called travel ban.The court agreed to consider the following questions presented [cert. petition, PDF] by the government:1. Whether respondents' challenge to the President's suspension of entry of aliens abroad is justiciable.2. Whether the Proclamation is a lawful exercise of the President's authority to suspend entry of aliens abroad.3. Whether the global injunction is impermissibly overbroad.In addition to the questions presented by petitioners, the court also directed the parties to brief and argue the following question presented [brief in opposition, PDF] by the respondent state of Hawaii: "Whether Proclamation No. 9645 violates the Establishment Clause."The Supreme Court had previously stayed the lower court order and allowed enforcement [JURIST report] of the travel ban pending the outcome of legal … [Read more...] about Supreme Court to review challenge to latest travel ban
SCOTUS agrees to hear case on Trump’s latest travel ban
Trump v. Hawaii, which addresses the White House’s attempt to restrict travel from six Muslim-majority nations. In Trump v. Hawaii, the San Francisco-based 9th U.S. Circuit Court of Appeals in December found that Trump’s executive order regarding immigration exceeded the scope of his authority, the New York Times reports.Opponents of the restriction argue that it discriminates based on religion, which is unconstitutional, BloombergPolitics reports. Justice Department attorneys argue that federal immigration laws give the president “sweeping authority” regarding restricting people from entering the United States, according to the article.A week after taking office in 2017, Trump issued his first travel ban, which was blocked by various courts. He issued a second travel ban in March. It was also blocked by courts at the appellate level, but the U.S. Supreme Court in June allowed part of the ban to be implemented while it waited for cert petitions from … [Read more...] about SCOTUS agrees to hear case on Trump’s latest travel ban
Trump administration asks Supreme Court to approve third version of ‘travel ban’
[JURIST] The Trump administration asked [cert. petition, PDF] the US Supreme Court [official website] Friday to uphold the third version [text, PDF] of the administration's travel ban [JURIST news archive]. This petition comes just over a week after the US Court of Appeals for the Ninth Circuit [official website] upheld an injunction [JURIST report] against the measure. The three-judge panel of the Ninth Circuit found that the executive action violated the Immigration and Nationality Act [materials], which requires the president to "make a legally sufficient finding that the entry of the specified individuals would be 'detrimental to the interests of the United States,'" which it determined the administration had failed to do. Even with revisions [JURIST report] to the original ban, namely the implementation of a review period, the Ninth Circuit determined that the order exceeds the constitutional powers afforded to the executive and upheld the injunction on the ground that the … [Read more...] about Trump administration asks Supreme Court to approve third version of ‘travel ban’