Trump’s new travel ban leaves narrow openings for challengers
The Trump administration’s travel ban presents a complex case for immigration advocates who have challenged previous efforts by President Trump to close the U.S. to certain foreigners.
Trump needed multiple bites at the apple during his first term before the Supreme Court upheld the third version of his so-called Muslim ban in 2018.
His latest version is more sweeping, targeting 19 countries instead of seven. It’s also more narrow in the exceptions that would allow people to skirt the new restrictions.
Trump’s Supreme Court-approved travel ban was finally able to win over the courts with the argument it was needed on national security grounds.
But his latest travel ban also points to visa overstay rates as a rationale for blocking citizens from U.S. travel.
That addition is something that could provide an opening to legal challenges, said experts interviewed by The Hill.
“The rationales that are given in the order go far beyond national security-related justifications,” said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy (CILP) at the University of California, Los Angeles School of Law.
He noted that when the Supreme Court upheld Trump’s first travel ban, “they were focused almost exclusively on national security-related justifications.”
“These are justifications that are not in any way national security related. They're just immigration policy rationales. ... That’s definitely an area of potential legal vulnerability.”
Trump’s travel ban........
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