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Trump v. Hawaii

Supreme Court of the United States · No. 17-965, 585 U.S. 667 (2018)

The Supreme Court upheld Presidential Proclamation 9645 — an entry restriction affecting nationals of several countries — against challenges that it exceeded the President's statutory authority under the INA and violated the Establishment Clause.

Decided

2018-06-26

Summary

The Supreme Court upheld Presidential Proclamation 9645 — an entry restriction affecting nationals of several countries — against challenges that it exceeded the President's statutory authority under the INA and violated the Establishment Clause. The Court held the President has broad authority under INA §212(f) to suspend entry of noncitizens when he finds it detrimental to U.S. interests, and applied a deferential "rational basis" review to the Establishment Clause claim.

Current status

This ruling is the leading precedent for how much deference a presidential proclamation restricting entry receives from the courts — relevant background whenever a new proclamation-based restriction (like the ones referenced in the high-risk-countries hold policy above) faces a legal challenge, though it doesn't decide the legality of any later, differently-worded proclamation on its own.

Related: Hold and Review of Benefit Applications from Additional High-Risk Countries

Read the primary source ↗

Source: Justia: Trump v. Hawaii, 585 U.S. 667 (2018)

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