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Constitutional Law Keyed to Farber
Trump v. Hawaii
Citation:
138 S.Ct. 2392 (2018)Facts
President Trump in September 2017 replaced Travel Ban 2.0 with Travel Ban 3.0. Proclamation No. 9645 placed every restrictions on the nationals of eight foreign states whose systems for managing and sharing information about their nationals the President deemed inadequate. DHS identified countries having deficient information-sharing practices and presenting national security concerns. After consulting with Cabinet members, the President adopted the recommendations and issued the Proclamation as Travel Ban 3.0. The President determined that certain restrictions were necessary to prevent the entry of those foreign nationals about whom the U.S. government lacks sufficient information and elicit improved identity-management and information-sharing protocols and practices from foreign governments. Plaintiffs – the State of Hawaii, three individuals with foreign relatives affected by the entry suspension, and the Muslim Association of Hawaii – argue that the Proclamation violates the Immigration and Nationality Act (INA) and the Establishment Clause.
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