National Law Review: With SCOTUS cloud overhead, appeals courts take up travel ban 3.0

National Law Review: With SCOTUS cloud overhead, appeals courts take up travel ban 3.0

I spoke with the National Law Review in the wake of the Supreme Court’s December 4 decision to allow President Trump’s third version of the travel ban to go into effect.

“Given [Monday’s] ruling, both the Fourth and the Ninth circuit are going to try to be extra careful in justifying however they come out,” said Stephen Yale-Loehr, an immigration law professor at Cornell University and of counsel at Miller Mayer. “I think [the] Supreme Court orders signal that the administration may well win at the Supreme Court and that may influence, to a certain extent, how the Fourth and the Ninth circuit rule.”

Travel ban 3.0 differs from its two predecessors in that it expands the list of countries banned to include Venezuela and North Korea. It also includes restrictions that vary based on country in an effort to encourage those countries to adhere to proper procedures.

“For that reason, although an objective person may question how thorough the review is or whether it really matches up with what’s going on, given the very low standard of review, the Supreme Court may well say, it isn’t perfect but it’s good enough,” Yale-Loehr said.

The article can be accessed with a subscription to the National Law Review, here.

Trump Travel Ban 3.0 More Likely to Survive a Court Challenge

Trump Travel Ban 3.0 More Likely to Survive a Court Challenge

I recently spoke with Deutsche Welle on the third revision of President Trump’s travel ban. The new travel ban is more likely to survive in court, as it bars only certain people from certain countries rather than everyone from a given country. The proclamation includes North Korea and Venezuela, which, as non-Muslim majority countries, which shifts the narrative of the travel ban away from being a Muslim-targeted one. This new, more narrow version of the travel ban may be a success for Trump.

Read the full interview here.

Media Coverage on Supreme Court “Travel Ban” and Detention

Media Coverage on Supreme Court “Travel Ban” and Detention

I was quoted in various news articles on June 26 in the midst of the Supreme Court’s travel ban order. I also spoke about the Court’s order setting rearmament in an immigration detention case.  All of the articles are accessible via the links below:

Travel ban quotes:
N.Y. Times: https://www.nytimes.com/2017/06/27/us/trump-travel-ban-refugees-supreme-court.html
Bloomberg: https://www.bloomberg.com/news/articles/2017-06-26/supreme-court-partially-revives-travel-ban-will-hear-appeal
The Guardian: https://www.theguardian.com/us-news/2017/jun/26/trump-travel-ban-supreme-court-block-partially-lifted
CNN: http://www.cnn.com/2017/06/26/politics/supreme-court-order-may-cause-travel-chaos/index.html
Financial Times: https://www.ft.com/content/2f518fa2-5a87-11e7-9bc8-8055f264aa8b
Bloomberg Politics: https://www.bloomberg.com/news/articles/2017-06-26/supreme-court-travel-ban-ruling-may-prompt-fresh-legal-challenge
Quartz: https://qz.com/1014827/the-us-supreme-court-allowed-trump-to-implement-his-travel-ban-with-some-limits/
Time.com
http://time.com/money/4833749/travel-ban-supreme-court-travelers/
Vanity Fair: http://www.vanityfair.com/news/2017/06/supreme-court-donald-trump-travel-ban
Chronicle of Higher Education: http://www.chronicle.com/article/International-Students-Dodge/240442/
Inside Higher Ed: https://www.insidehighered.com/news/2017/06/27/supreme-court-partially-reinstates-trump’s-travel-ban
McClatchy newspapers: http://www.mcclatchydc.com/news/politics-government/white-house/article158346979.html
Law360: https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2017/06/27/expert-sc-travel-ban-ruling-likely-to-trigger-confusion-more-litigation-law360.aspx
Financial Times China: http://www.ftchinese.com/story/001073166
Storm.mg (China): http://www.storm.mg/article/289724
Finance.sina.com (China): http://finance.sina.com.cn/roll/2017-06-27/doc-ifyhmtrw4152876.shtml
Vietnam Express: http://vnexpress.net/tin-tuc/the-gioi/phan-tich/thang-loi-lon-cua-trump-khi-sac-lenh-nhap-canh-duoc-khoi-phuc-3605169.html

Jennings v. Rodriguez reargument quotes:
KQED: https://ww2.kqed.org/news/2017/06/26/supreme-court-will-hear-california-immigrant-detention-case-again/
Mother Jones: http://www.motherjones.com/politics/2017/06/supreme-court-delivers-a-bad-omen-for-immigrants-in-detention/

Trump’s Own Tweets Help Kill His Government’s Travel Ban, Again

Trump’s Own Tweets Help Kill His Government’s Travel Ban, Again

I commented again on President Trump’s travel ban tweets and their negative effect defending his legislation. For the second time, the President’s own comments have aided the courts in knocking down his executive order.

Fortune covers this issue in the article, here.

U.S. 9th Circuit Court of Appeals refuses to reinstate Trump’s travel ban

U.S. 9th Circuit Court of Appeals refuses to reinstate Trump’s travel ban

I was quoted in an LA Times article about the 9th circuit’s refusal to reinstate Trump’s travel ban. I stated the Supreme Court might find it easier to reject the travel ban based on a violation of existing law rather than constitutional grounds.  “It is always hard to win an immigration case on constitutional grounds in the Supreme Court because immigration touches on foreign relations and national sovereignty issues. People outside the United States also generally don’t have U.S. constitutional rights. The combination of the two rulings provides a one-two punch against the executive order that will make it harder for the administration to win at the Supreme Court.”

The LA Times article is here.