SOURCE ALERT: Miami Law Experts Speak Out on New Travel Ban

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How does the new order differ from the earlier travel ban?

Kunal Parker, professor of immigration and nationality law:

"The Executive Order of March 6, 2017 differs from the Executive Order of January 27, 2017 in the following key respects: it extends a 90-day travel ban only to nationals of six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen), exempting Iraq from its scope; it does not apply by its terms to dual nationals, Legal Permanent Residents, and those in the United States as of the date of the order already in possession of valid immigrant and nonimmigrant visas; it exempts various categories of individuals, in some cases based on a showing of undue hardship, including those who have been studying in the United States, have significant business or family ties to the United States, have been employed by the United States Government, etc.; and it suspends refugee admissions for 120 days and caps refugee admissions for 2017 at 50,000 (whereas admissions were set by the Obama admission at over twice that level)."

Will the new order withstand judicial scrutiny?

David Abraham, professor emeritus of immigration and citizenship law:

“Not since the explicitly racist Chinese Exclusion Acts of the 1890s has an American government initiated targeted exclusions of this kind. And remarkably, this time there isn’t even a Congressional law, just an Executive Decree. Normally, in evaluating a Congressional exclusion law, the Supreme Court will look for a ‘facially legitimate and bona fide’ justification.  The Trump administration first said it was none of the Court’s business; that is clearly false. But whether the Supreme Court would now find an occasion to demand more… well, I just doubt it. I suspect these Orders will survive this time now that it’s clearer what they are and the Administration doesn’t go out of its way to claim non-reviewability.” 

What do you see as the impact of the new order?

Rebecca Sharpless, Immigration Clinic director:

“The revised travel ban does nothing to put a lid on the ethnic and religious profiling that has rocked our nation. With no corrective instruction from the White House, rank and file Custom and Border Protection officials will likely continue to seize and interrogate travelers, including U.S. citizens, based on nothing but a person's perceived ethnicity or religion. The ban also continues the President's campaign to dismantle our nation's commitment as a safe haven for refugees.”

CONTACT: Catharine Skipp at 305-773-5801 or cskipp@law.miami.edu