Trump v. Int’l Refugee Assistance Project, No. 16-1436 Trump v. Hawaii, No. 16-1540

Trump v. Hawaii, No. 16-1540

Executive Order No. 13780 suspends the entry of nationals from six foreign countries for a 90-day period. A variety of lawsuits have been filed to challenge whether the Executive Order violates the First Amendment’s Establishment Clause (by targeting predominantly Muslim nations) or the Immigration and Nationality Act. To date, two federal courts of appeals have approved injunctions staying the enforcement of the Executive Order.

Today, the Supreme Court granted certiorari and modified the injunctions. In particular, the Court limited the stay of the entry prohibitions to foreign nationals who claim a bona fide relationship with a United States person (e.g., a close relative)or an institution (e.g., a university or an employer). The Administrative may therefore begin to enforce the Executive Order as against those individuals lacking such a relationship. Justices Thomas, Alito, and Gorsuch indicated that they would have dissolved the injunctions entirely.

These consolidated actions will be set for oral argument when the Court returns from its summer recess in October.