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SCOTUS Travel Ban Decision

July 3, 2018

On June 26, 2018, the Supreme Court of the United States issued a 5-4 decision in Trump v. Hawaii, upholding President Trump’s September 2017 Executive Order preventing many potential travelers from Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen from entering the United States. The majority found that federal immigration law gives the President “broad discretion to suspend” the entry of non-citizens. Additionally, the Court held that the ban does not violate anti-discrimination provisions in federal immigration law. The Executive Order in effect since December 2017 will, therefore, remain valid indefinitely, with only a small percentage of case-by-case waivers to the ban currently being granted.