Trump Travel Ban Ruling (Trump v. Hawaii)

Case Name and Citation

  • Trump v. Hawaii, 138 S.Ct. 2392 (2018)

  • Date: June 26, 2018

  • Delivered by: Chief Justice Roberts

  • Majority: Roberts, Kennedy, Thomas, Alito, Gorsuch

  • Concurrences: Kennedy, Thomas

  • Dissents: Breyer (joined by Kagan), Sotomayor (joined by Ginsburg)

Overview of the Case

  • The case addresses the legality of Presidential Proclamation No. 9645, which imposes entry restrictions on certain nationalities.

  • Major legal inquiries:

    • Authority of the President under the Immigration and Nationality Act (INA).

    • Whether the Proclamation violates the Establishment Clause of the First Amendment.

Background Information

  • Foreign nationals aren't automatically allowed entry into the United States but must undergo a vetting process pursuant to the INA.

  • The President has the authority under 8 U.S.C. § 1182(f) to restrict the entry of aliens when their entry is deemed "detrimental to the interests of the United States."

  • Chief Justice Roberts discusses the history leading to this litigation, including prior Court orders and lower court rulings.

Key Legal Provisions

Immigration and Nationality Act (INA)

  • Numerous grounds for inadmissibility (8 U.S.C. § 1182):

    • (a)(1) health-related grounds

    • (a)(2) criminal history

    • (a)(3)(B) terrorist activities

    • (a)(3)(C) foreign policy grounds

  • § 1182(f) provides broad presidential authority:

    • Allows the President to suspend the entry of all aliens or any class of aliens if their entry would be detrimental to U.S. interests.

    • “[w]henever [he] finds that the entry” of aliens “would be detrimental” grants discretion in the suspension decision.

Major Arguments

Plaintiffs' Argument
  • Proclamation is seen as an invalid exercise of authority under the INA.

  • § 1182(f) is interpreted as granting temporary power to halt discrete groups of aliens rather than blanket, broad restrictions.

  • Allegation of violation of 8 U.S.C. § 1152(a)(1)(A)—discriminatory issuance of immigrant visas based on nationality.

Majority Opinion Analysis
  • Majority emphasizes that:

    • § 1182(f) provides robust authority allowing the President a substantial degree of discretion regarding entry suspensions.

    • Proclamation linked to findings of national security risks based on multilateral reviews concerning countries' information sharing.

    • The Proclamation is considerably more detailed than past actions by previous administrations regarding entry suspensions.

    • The wording of “suspend” allows the President to leave open the end date for restrictions; similar historical precedents exist.

    • The President can identify a specific class of aliens based on nationality without being overly restricted by the detailed characteristics of those individuals.

Legislative History and Structure Argument

  • Plaintiffs argue Proclamation counters legislative intent, stating:

    • Congress established a case-by-case vetting standard and mechanisms for sharing information rather than broad bans.

  • However, the majority counters that no direct conflict exists with Congress's legislative framework.

  • The Proclamation is seen as complementary, aligning with Congress’s approach to vet potential entrants through established immigration processes despite claims of improper overreach.

Dissenting Opinions

Justice Breyer's Dissent

  • Questions whether the Administration is implementing waiver provisions effectively to allow entry fairly to excluded individuals.

  • Suggests case be reviewed in lower courts for evident application of the Proclamation, indicating concerns over potential anti-Muslim bias.

Justice Sotomayor's Dissent

  • A strong condemnation of the Proclamation as being motivated by anti-Muslim bias, recalling initial comments by President Trump.

  • Critiques the majority for diluting the importance of religious neutrality under the First Amendment.

  • Argues that evidence suggests the Proclamation is rooted in religious discrimination against Muslims, contrary to constitutional protections.

Conclusion

  • The Supreme Court reverses the lower court's grant of a preliminary injunction against the Proclamation, signifying a complex interplay of statutory interpretation, executive authority, and constitutional guarantees.

  • The case emphasizes the balance between immigration enforcement and civil liberties, a continuing debate within U.S. law and policy.

Important References

  • 8 U.S.C. § 1182(f) - presidential authority

  • 8 U.S.C. § 1152(a)(1)(A) - discrimination in visa issuance

  • Context of previous cases involving presidential authority over immigration (e.g., Sale v. Haitian Centers Council, Webster v. Doe, etc.).

  • Key precedents regarding the judicial review limits on presidential powers in immigration matters.