Supreme Court Upholds Trump Travel Ban
Looking for A Specific Post? Search Below
No case before the Supreme Court this term drew more attention than Trump v. Hawaii, the legal challenge to President Trump’s third travel ban. On June 26, 2018, the Justices finally released their decision, upholding the President’s ban. In a majority decision written by the Chief Justice, the Court found that President Trump’s power of immigration was expansive and that his latest travel ban fits comfortably within that power. Turning back both statutory and constitutional challenges, the Court nevertheless expressed some skepticism about Trump’s negative statements toward Muslims.
The Third Travel Ban
Relying on 8 U.S.C. 1182(f), President Trump on September 24, 2017, placed restrictions on the entry of citizens from eight countries, most of which were majority-Muslim. This third travel ban followed on the heels of two other bans, which courts had struck down and which either Trump withdrew or which expired. The third ban included countries such as North Korea, Chad, Libya, Venezuela, Syria, Iraq, and Yemen.
Immediately challenged in court, the ban suffered the same fate as Trump’s earlier two bans, with courts finding it beyond his power or else an exercise of religious discrimination. The Trump administration then appealed to the U.S. Supreme Court, which heard his argument on April 25, 2018.
Supreme Court Upholds
Relying heavily on statutory text, the Supreme Court found that Congress had given the President the power to exclude “any class of aliens” from the United States provided that the President found their admission would be “detrimental” to the country’s interests. The Court’s majority waived aside arguments that Congress only intended to grant the President the power to act in emergencies and for a limited amount of time.
Furthermore, the Court found that the ban had a rational basis to advance the nation’s security, so it survived any First Amendment challenges. Because the ban dealt with immigration, the majority held that they would not engage in the searching standard of review normally used in First Amendment cases. As a result, the Court held that the ban was a proper exercise of the President’s authority.
Warning Sounds
Although President Trump won this case, many of the Justices went out of their way to chide or warn him that religious and other bigotry will not be tolerated. For example, the majority appeared to overrule its Korematsu decision from World War II, which upheld the internment of Japanese-Americans on national-security grounds. Furthermore, Justice Kennedy stated in his concurrence it was an “urgent necessity” that government officials like Trump recognize and respect the freedom of religion.
Perhaps the strongest rebuke to Trump came from Justice Sotomayor, writing in dissent. Calling President Trump’s anti-Muslim comments “harrowing,” she charged the majority with abandoning the nation’s “most sacred legal commitments” and stated that she would have struck down the travel ban.
Going Forward
With the ban in effect, those hoping to reunite with loved ones from affected countries will need to reassess their options. The same goes for corporations, businesses, and universities hoping to sponsor someone from one of the countries on Trump’s list.
Of course, President Trump could add to the list, revoke the ban, or institute a new one. As with so many things with this Presidency, unpredictability is the only constant.
For help with your immigration issue, please reach out to Kriezelman Burton & Associates today. Our experienced Chicago immigration lawyers stay abreast of current developments in the law and can identify our clients’ best options in a challenging legal environment. Please contact us today to schedule your consultation.
Lo que dicen nuestras clientas
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
¡Programe una consulta!
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy