The 5 Biggest Immigration-Related Acts and Cases in US History

It’s November already, can you believe it? In addition to colder temperatures and the end of daylight savings times (hello, darkness!), it’s also time for the most “American” of holidays—Thanksgiving. While the history of Thanksgiving is much more complicated than what is commonly taught in schools, it’s nevertheless an opportune time to reflect on our presence in this country as immigrants, refugees, and, yes, colonizers, and also reflect on how we have historically treated other immigrants and refugees. To that end, we are looking back at five major acts and cases in US history that have shaped and influenced US immigration law and policy.

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The Washington Post: “How a 1944 decision on Japanese internment affected the Supreme Court’s travel ban decision"

Last week, the Supreme Court in Trump v. Hawaii upheld President Trump’s travel ban that targeted several Muslim-majority countries, saying that the president had statuary authority to make national security judgements regarding immigration, despite anti-Muslim statements that he has made. In her dissent, Justice Sonia Sotomayor says the decision is no better than the one in Korematsu v. United States, the universally criticized and much maligned 1944 decision that allowed for the detention of Japanese-Americans during World War II. While Sotomayer praises the court for repudiating Korematsu in Trump v. Hawaii, she writes in her dissent: “By blindly accepting the Government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one ‘gravely wrong’ decision with another.” 

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The New York Times: “Supreme Court Upholds Trump’s Travel Ban, Delivering Endorsement of Presidential Power”

In a five to four vote, the Supreme Court has upheld President Trump’s third travel ban against several predominantly Muslim countries, reasoning that the President has broad statutory authority to make such judgments related to national security and immigration, which is not undermined by his previous insensitive and discriminatory statements against Muslims. This decision comes after a federal judge in Hawaii indefinitely blocked Trump’s travel ban earlier this year, challenging its constitutionality and referencing anti-Muslim statements made by the President. This block on the travel ban was upheld by two federal appeals courts, citing religious discrimination as their reason to uphold the decision, before being brought before the Supreme Court. 

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Politico: “Trump targets 11 nations in refugee order”

President Trump signed an executive order on Tuesday to restart the refugee resettlement program, after it was suspended for 120 days as part of the president’s travel ban issued earlier this year. The order will resume refugee admissions but will initiate a new 90-day review period for officials to conduct an “in-depth threat assessment” of eleven countries. While neither the executive order nor the White House named these eleven countries, Politico says that based on statements from senior administration officials these countries appear to include: Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen—all majority-Muslim countries except for North Korea and South Sudan.

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President Trump Issues New Travel Restrictions for Nationals of 7 Countries

On September 24, 2017, President Trump issued a presidential proclamation that details new travel restrictions targeting nationals of seven countries, including Chad, Iran, Libya, North Korea, Somalia, Syria, and Yemen, as well as places some travel restrictions or increases scrutiny for certain nationals of Venezuela and nationals of Iraq. Under this proclamation, most citizens of Chad, Iran, Libya, North Korea, Somalia, Syria, and Yemen will be banned from entering the US. Certain government officials from Venezuela who seek to visit the US will face restrictions and Iraqi nationals will face heightened scrutiny.

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State Department Issues Guidelines for Revised Travel Ban

The State Department issued guidelines for the revised travel ban after the Supreme Court partially lifted orders blocking the revised ban earlier this week. The State Department announced that the partial ban would go into effect worldwide beginning at 8pm (EDT) on June 29, 2017. The travel ban affects nationals of six countries—Iran, Syria, Sudan, Libya, Somalia, and Yemen—but does not apply to any applicant who has a credible claim of a “bona fide relationship” with a person or entity in the US.

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Washington Post: “A Muslim cook wanted to stop the hate. So she started inviting strangers to dinner.”

When Amanda Saab—a social worker, amateur chef, and practicing Muslim who wears a hijab—heard then-presidential candidate Trump’s call for a ban on Muslim immigrants to the US, she realized that a lot of Americans must not know any Muslims. “Have I played a part in that?” she asked herself. “Have I not reached out to people and given them an opportunity to meet me?” Her solution? Invite strangers to dinner.

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Yahoo Finance: “Trump’s travel ban impacts air travel, threatens US tourism”

President Trump’s revised travel ban, which temporarily bars travel to the US for certain citizens of six-predominately Muslim countries and temporarily suspends the US refugee program, goes into effect this week on March 16. The travel bans, in addition to disrupting the lives of many innocent immigrants and refugees, have negatively impacted air travel to the US and threaten US tourism, many leading travel industry authorities and leaders say.

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President Trump Signs Revised Executive Order Banning Travel from Six Muslim-Majority Countries and Suspending the US Refugee Program

On Monday, March 6, 2017, President Trump signed a revised executive order temporarily banning travel to the US for certain citizens of six-predominately Muslim countries as well as temporarily suspending the US refugee program. The executive order, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” supersedes the original order issued January 27, and was revised to better withstand legal scrutiny in the courts (which his initial executive order had failed to do). According to Secretary of Homeland Security John Kelly, the order will “make America safer, and address long-overdue concerns about the security of our immigration system.” The travel ban and refugee resettlement suspension is set to go into effect on March 16, 2017. 

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