Jonah Patel
The Trump administration's travel ban, which took effect immediately upon signing, caused chaos at US airports and resulted in the removal of some arriving non-immigrants and the revocation of more than 60,000 visas. The ban was quickly subjected to multiple legal challenges, with several federal courts temporarily restraining or blocking parts of the executive order. The Supreme Court upheld the ban, stating that it did not violate the Constitution's Establishment Clause, which prohibits laws that discriminate against particular religions or religious groups. However, the Court's ruling left an opening for future challenges to the policy of barring groups of foreign nationals from entering the country.
| Characteristics | Values |
|---|---|
| Date of the first Muslim ban | August 2016 |
| Date of Executive Order 13769 | March 16, 2017 |
| Date of Executive Order 13780 | March 6, 2017 |
| Date of Presidential Proclamation 9645 | September 24, 2017 |
| Date the Fourth Circuit upheld the block of the travel ban | May 25 |
| Date the Ninth Circuit upheld the block of the travel ban | June 12, 2017 |
| Number of cases filed in federal courts challenging the travel ban | ~50 |
| Number of visas revoked | 60,000 |
| Number of visas issued to North Koreans in 2016 | 109 |
| Number of Muslim-majority countries in the original Travel Ban of January 2017 | 7 |
| Number of Muslim-majority countries in the current travel ban | 4 |
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What You'll Learn
The right to enter and leave states
The Supreme Court has long recognized the right to travel from one state to another under the Privileges and Immunities Clause. In Ward v. Maryland (1870), the Court held that the clause "plainly and unmistakably secures and protects the right of a citizen of one State to pass into any other State of the Union." Similarly, in Paul v. Virginia (1868), the Court defined freedom of movement as "the right of free ingress into other States, and egress from them."
- The right of a citizen of one State to enter and leave another State;
- The right to be treated as a welcome visitor, rather than an unfriendly alien, when temporarily present in the second State; and
- For those who become permanent residents, the right to be treated like other citizens of that State.
The first component, the right to enter and leave states, is inherent and historically supported by the Articles of Confederation. The second component is protected by the "Privileges and Immunities" clause in Article IV, § 2 of the Constitution, and the third component is protected by the 14th Amendment's Privileges or Immunities Clause.
While freedom of movement is a fundamental right, it is not absolute. There have been legal challenges and restrictions on this right, such as the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which restricted the freedom of movement as a punishment for child support debtors. Additionally, the Supreme Court has ruled that the Constitution does not grant the federal government the power to protect freedom of movement, instead giving this authority to the states.
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The right to be treated as a welcome visitor
The right to freedom of movement is a highly protected constitutional right in the United States. The right to travel is closely related to freedom of association and expression, and it has significant implications for state attempts to limit abortion rights, same-sex marriages, and the enactment of anti-crime or consumer protection laws.
The Supreme Court has played a significant role in interpreting and protecting the right to travel. In United States v. Guest, the Court overruled the conclusion that the federal government could only protect the right to travel against state infringement. The Wheeler court located the right to travel in the privileges and immunities clause, providing it with a specific guarantee of constitutional protection.
However, the right to travel internationally is not considered a fundamental right by federal appeals courts. In cases such as Weinstein v. Albright and Eunique v. Powell, challenges to restrictions on freedom of movement as a punishment for child support debtors have thus far failed.
The Trump administration's travel ban, which targeted several Muslim-majority countries, faced significant legal challenges. Lower courts initially blocked the ban, arguing that it violated the Establishment Clause of the United States Constitution, which prohibits laws that discriminate against particular religions or religious groups. However, the Supreme Court upheld the ban, finding that it had legitimate grounding in national security concerns and did not violate the Establishment Clause. The Court's ruling left an opening for future challenges to the policy of barring groups of foreign nationals from entering the country.
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Equality for permanent state residents
The right to freedom of movement is a highly protected constitutional right in the United States. This right is closely related to freedom of association and freedom of expression. The right to travel is protected by the US Constitution in three distinct ways. Firstly, the right to enter one state and leave another is an inherent right with historical support from the Articles of Confederation. Secondly, the right to be treated as a welcome visitor is protected by the "Privileges and Immunities" clause in Article IV, § 2. Thirdly, for permanent residents of a state, the right to be treated equally to native-born citizens is protected by the 14th Amendment's Privileges or Immunities Clause.
The Supreme Court has specifically ruled on the right to travel, stating that it does not imply a right to use any particular mode of travel, such as driving a car. The right to travel internationally, however, is not considered a fundamental right, and federal appeals courts have upheld restrictions on this right for those who are unable to pay child support.
The travel ban imposed by the Trump administration has been the subject of intense legal challenges, with arguments that it contravenes the US Constitution, federal statutes, or both. The ban caused chaos at US airports, resulting in the removal of some arriving non-immigrants and the revocation of more than 60,000 visas. The Supreme Court upheld the ban, citing deference to the executive branch on matters of national security and admissions. The Court also found that the ban did not violate the Establishment Clause, which prohibits religious discrimination, as it was based on national security concerns and affected only a small percentage of the world's Muslim population.
Despite the Supreme Court's ruling, the travel ban continues to face legal challenges, particularly in lower courts. The state of Hawaii, for example, argued that the President exercised his authority in violation of a federal law on discrimination. While the Supreme Court found that the President's findings were sufficient to sustain the ban, it left the door open for future challenges, requiring an evidentiary basis for any restrictions on entry to the US.
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Religious discrimination
The Trump administration's travel ban, which took effect immediately upon signing, caused chaos in US airports, with some arriving non-immigrants being removed and more than 60,000 visas revoked. The ban was quickly subject to multiple legal challenges, with several federal courts temporarily restraining or blocking parts of the executive order. The Supreme Court upheld the ban, citing the authority of the executive branch over admissions and national security concerns. However, the Court's ruling also left an opening for future challenges to the policy of barring groups of foreign nationals from the country.
The legal challenges to the travel ban centred on the argument that it contravened the United States Constitution, federal statutes, or both. The state of Hawaii challenged the ban, arguing that the President had exercised his authority in violation of a federal law on discrimination. Specifically, Hawaii contended that the ban violated the Establishment Clause of the First Amendment, which prohibits the government from favouring one religion over another. The majority of the Court rejected this argument, holding that the restriction only prohibits discrimination in visa allocation based on nationality and other criteria, and does not apply to the President's power to determine who may enter the country.
The Court applied a deferential standard of review, considering the government's asserted national security concerns and finding that the ban did not violate the Establishment Clause. However, critics pointed out that the text of the ban was lifted from a 2016 speech by then-candidate Trump entitled "Understanding the Threat: Radical Islam and the Age of Terror," indicating a religious motivation behind the policy. Additionally, during the campaign trail, Trump had called for a "total and complete shutdown of Muslims entering the United States." Despite these statements, the Court found that the ban was not constitutionally impermissible, setting a high bar for future constitutional challenges to the policy.
While the Supreme Court's ruling upheld the travel ban, it is important to note that the right to freedom of movement is strongly protected under the United States Constitution. This right is closely related to freedom of association and freedom of expression. Strong constitutional protection for the right to travel has significant implications for state attempts to restrict abortion rights, ban same-sex marriages, and enact anti-crime or consumer protection laws. The travel ban, and the legal challenges it faced, highlight the ongoing tension between national security concerns and the protection of constitutional rights in the United States.
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The right to freedom of movement
Firstly, individuals have the right to enter one state and leave another, which is inherently supported by historical precedents from the Articles of Confederation. Secondly, people should be treated as welcome visitors, rather than hostile strangers, as protected by the "Privileges and Immunities" clause in Article IV, § 2 of the Constitution. Lastly, for those who become permanent residents of a state, there is a right to be treated equally to native-born citizens, as outlined in the 14th Amendment's Privileges or Immunities Clause.
The Supreme Court has acknowledged the significance of freedom of movement, associating it closely with freedom of association and freedom of expression. A strong constitutional protection for the right to travel could impact state attempts to restrict abortion rights, same-sex marriages, and the enactment of certain anti-crime or consumer protection laws.
Despite these protections, there have been instances where this right has been challenged and restricted. For example, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) imposed limitations on freedom of movement as a punishment for child support debtors. Federal appeals courts upheld these restrictions, arguing that child support collection is an important government interest and that unrestricted international travel is not a fundamental right.
In recent years, the Trump administration's travel ban sparked intense legal challenges, with critics arguing that it violated the Constitution, specifically the Establishment Clause, which prohibits religious discrimination. While lower courts initially blocked the ban, the Supreme Court ultimately upheld it, citing national security concerns and deferring to the executive branch's authority over admissions. However, the Supreme Court also left the door open for future challenges to the policy.
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Frequently asked questions
The Trump travel ban refers to Executive Order 13780, which was signed on March 6, 2017, and established travel restrictions on certain countries. The ban caused chaos at US airports, resulting in the removal of some arriving non-immigrants and the revocation of more than 60,000 visas.
The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both.
The Supreme Court upheld the travel ban, endorsing the presidential authority to implement such restrictions while leaving the door open for future challenges. The Court applied a deferential standard of review, finding that the ban had "legitimate grounding in national security concerns" and did not violate the Establishment Clause.
The ruling sets a precedent for future travel ban cases, suggesting that the Court will defer to the executive branch on matters of national security. It also raises the bar for successful constitutional challenges to government policies.
Yes, legal challenges to the travel ban are still ongoing in lower courts, with arguments centred around religious discrimination and freedom of movement.
