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  1. Travel ban issue will be moot before SCOTUS date — here's why. By Nolan Rappaport

    © Getty Images

    President Donald Trump filed an appeal with the Supreme Court of adverse decisions in two circuit courts on his March 6 executive order, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”

    He also petitioned the court for a temporary stay of injunctions issued by the circuit courts that had restricted the implementation of the executive order. In a decision on Monday, the court granted the petition in part, staying the injunctions to the extent that they apply to foreign nationals abroad who have no connection to the United States. The stays are in effect only until the case is decided on its merits.

    Pertinent precedent

    In Kleindienst v. Mandel, the court held that Congress has plenary power to establish policies for the exclusion of aliens from entering the United States, which it can delegate conditionally to the executive branch. When the executive branch has used such authority to exclude aliens “on the basis of a facially legitimate and bona fide reason,” the courts will not look behind the exercise of that discretion.

    The absolute nature of the delegation at issue in this case is reflected in the language of the statutory provision that conferred it on the president in Section 212(f) of the Immigration and Nationality Act when it was enacted in 1952:

    "Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants..."

    Are the travel ban issues moot?

    Read more at --

    Published originally on The Hill.

    About the author.
    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

    Updated 06-28-2017 at 05:02 PM by ImmigrationLawBlogs

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