Immigration Blog

Overview of SCOTUS Nominee Neil Gorsuch's Background and Record

Written by Alexander J. Segal on

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On February 1, 2017, President Donald Trump nominated Judge Neil M. Gorsuch of the United States Court of Appeals for the Tenth Circuit to the United States Supreme Court. In this article, I will offer an overview of Judge Gorsuch’s career and known positions, with an emphasis on issues that relate to the administration of the immigration laws. In conclusion, I will explain why Judge Gorsuch is an exceptional pick for the vacant Supreme Court seat and why the Senate should move expeditiously to confirm him.

President Trump's Impromptu Law Lecture

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In a recent post, I criticized the United States Court of Appeals for the Ninth Circuit’s decision to uphold a temporary restraining order (TRO) (as a preliminary injunction) against aspects of President Donald Trump’s Executive Order suspending entry for aliens from seven countries, and I also criticized the President for his reckless off-the-cuff statements during the litigation. However, on February 8, 2017, President Trump engaged with the issue more productively, by taking a moment to discuss the statute under which he issued the Executive Order instead of criticizing individual judges and making statements about the proceedings without consulting the lawyers tasked with defending him. In this post, I examine President Trump's remarks and explain why they provide a good template for him going forward.

Analysis of the Ninth Circuit's Decision on President Trump's Executive Order

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On February 9, 2017, the United States Court of Appeals for the Ninth Circuit rendered a decision in State of Washington v. Trump, No. 17-35105. The case regarded the U.S. government’s appeal of the temporary restraining order (TRO) issued by the United States District Court for the Western District of Washington against portions of President Donald Trump’s Executive Order titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.”. The Ninth Circuit denied the Government’s emergency motion for a stay of the TRO pending appeal. In this post, I will offer my analysis and opinion of the decision, as well as how I believe that the Trump Administration should proceed.

9th Circuit Rejects Government's Emergency Stay Motion in State of Washington v. Trump

Written by Alexander J. Segal on

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On February 9, 2017, the United States Court of Appeals for the Ninth Circuit rendered a decision in State of Washington v. Trump, No. 17-35105. The case regarded the U.S. government’s appeal of the temporary restraining order (TRO) issued by the United States District Court for the Western District of Washington against parts of President Donald Trump’s Executive Order titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” In a per curium opinion (meaning that it was not signed by one of the three judges rendering the decision), the Ninth Circuit denied the Government’s emergency motion for a stay of the TRO pending appeal.

Vladimir Kara-Murza and the Lack of Equivalence Between the United States and Russia

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It has been reported that Russian opposition politician Vladimir Kara-Murza has again fallen ill under very dubious circumstances. The Kara-Murza case, and the cases of other Russian oppositions like him, highlight why President Trump should clarify his recent remarks that indicated the United States is in no position to comment on nefarious deeds by the Russian government.

Ninth Circuit to Post Live Stream of Oral Arguments in State of Washington v. Trump (3:00 PM 2/7/17)

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On February 7, 2017, at 3:00 PM, the United States Court of Appeals for the Ninth Circuit will conduct oral arguments in the 17-35105 State of Washington v. Trump.  The issue at hand is the temporary restraining order (TRO) issued against certain provisions of President Donald Trump’s Executive Order suspending entry for aliens from seven specified countries. For those who are interested, the Ninth Circuit will have a live stream of the oral arguments on its website beginning at 3:00 PM.

President Trump's Executive Order Part 2: Legal and Policy Analysis

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In this article, I assess the most contested provisions of President Trump’s Executive Order, titled “Protecting the Nation from Foreign Terrorist Entry into the United States” (82 FR 8977 (Jan. 27, 2017)) as a matter of legal soundness and policy. Before reading this article, please see my blog on the controversial provisions of the EO as well as our website’s detailed analysis of section 212(f) of the Immigration and Nationality Act (INA).

President Trump's Executive Order Part 1: Legal Overview

Written by Alexander J. Segal on

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Late in the afternoon on January 27, 2017, President Donald Trump issued an executive order (EO) titled “Protecting the Nation from Foreign Terrorist Entry into the United States” (82 FR 8977 (Jan. 27, 2017)). The two most prominent provisions of the EO – those dealing with suspending refugee admissions and processing for 120 days (and suspending processing from Syria until further notice from the President) and those suspending entry by nationals from seven countries – have become national news. Between the initially muddled implementation of the EO, inaccurate media reports, and the number of provisions of immigration law cited, it can be hard to separate fact from fiction for experts and laymen alike. In this article, I will examine the controversial portions of the EO and explore and their legal basis as written and in the immigration laws. After reading this post, please see my second post on whether the provisions of the EO represent good law and policy.

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