On January 27, President Donald Trump signed an executive order temporarily suspending refugee admissions to the United States and travel from several countries in the Middle East. In the immediate aftermath of the order, several lawsuits were filed, and multiple judges have issued stays against parts of the order.
What are the best constitutional and statutory arguments for and against the order’s legality?
Peter Spiro holds the Charles Weiner Chair in international law at the Temple University Beasley School of Law. He is the author of Beyond Citizenship: American Identity After Globalization and At Home in Two Countries: The Past and Future of Dual Citizenship.
Anil Kalhan is associate professor of law at the Drexel University Thomas R. Kline School of Law. He is Chair of the New York City Bar Association’s International Human Rights Committee and a Visiting Scholar at the Center for the Study of Law and Society at the University of California, Berkeley, School of Law.
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