Education

U.S. Supreme Court to Take Up Trump Travel Ban 3.0

By Mark Walsh — January 19, 2018 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court announced Friday that it would review the latest version of President Donald Trump’s restrictions on travel to the United States from six predominantly Muslim countries, an issue that has been watched closely by colleges and universities but also has some implications for K-12 schools.

Many legal observers believe the case of Trump v. Hawaii (No. 17-965) involves a major clash over presidential powers. At issue is the third version of a policy the president issued in his first week in office, which was implemented chaotically and led to protests at U.S. airports as arriving visitors from the affected countries were turned around and sent home by immigration officials.

The Supreme Court had agreed to take up the second version of the president’s executive order, but it expired and the justices dropped the case from their docket. The third version, issued in September, built on version two and is meant to be permanent.

The third version applies to travelers from Chad, Iran, Libya, Somalia, Syria, and Yemen. It also applies to two non-Muslim countries—North Korea and some Venezuelan government officials and their families.

The challenge to the third version led by the state of Hawaii did not include North Korea or Venezuela. Both a federal district court in Hawaii and the U.S. Court of Appeals for the 9th Circuit, in San Francisco, blocked the policy and held that the president likely exceeded his authority under immigration law and the policy likely involves illegal discrimination based on nationality.

The 9th Circuit did not rule on the question of whether the policy violated the U.S. Constitution’s prohibition on government establishment of religion based on Trump’s various anti-Muslim statements. But another federal appeals court had so ruled with respect to version two of the policy, and the Supreme Court said it would consider that question as part of its review.

In its appeal to the Supreme Court, the Trump administration said the third version of the policy responds to multiple federal agencies’ findings “that a handful of countries have deficient information-sharing practices or other factors that prevent the government from assessing the risk their nationals pose to the United States.”

“The courts below have overridden the president’s judgments on sensitive matters of national security and foreign relations, and severely restricted the ability of this and future presidents to protect the nation,” said the appeal signed by U.S. Solicitor General Noel J. Francisco.

In their high court brief, the challengers say, “The president has issued a proclamation, without precedent in this nation’s history, that purports to ban over 150 million aliens from [these countries] based on nationality alone.”

“The immigration laws do not grant the president this power: Congress has delegated him only a measure of its authority to exclude harmful aliens or respond to exigencies, and it has expressly prohibited discrimination based on nationality,” the brief says.

The implications for education are in the area of visas for students, faculty, and speakers from the affected countries, although the current policy makes some exceptions for non-immigrant students. Numerous colleges, as well as the American Federation of Teachers, had filed friend-of-the-court briefs in the 9th Circuit supporting the challengers.

In December, the justices voted 7-2 to lift a stay on the policy, letting it take full affect.

Arguments in the case are expected in April, with a decision by the end of June.

A version of this news article first appeared in The School Law Blog.


Commenting has been disabled on edweek.org effective Sept. 8. Please visit our FAQ section for more details. To get in touch with us visit our contact page, follow us on social media, or submit a Letter to the Editor.


Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Webinar
What’s Next for Teaching and Learning? Key Trends for the New School Year
The past 18 months changed the face of education forever, leaving teachers, students, and families to adapt to unprecedented challenges in teaching and learning. As we enter the third school year affected by the pandemic—and
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Curriculum Webinar
How Data and Digital Curriculum Can Drive Personalized Instruction
As we return from an abnormal year, it’s an educator’s top priority to make sure the lessons learned under adversity positively impact students during the new school year. Digital curriculum has emerged from the pandemic
Content provided by Kiddom
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Equity & Diversity Webinar
Leadership for Racial Equity in Schools and Beyond
While the COVID-19 pandemic continues to reveal systemic racial disparities in educational opportunity, there are revelations to which we can and must respond. Through conscientious efforts, using an intentional focus on race, school leaders can
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Judge's Temporary Order Allows Iowa Schools to Mandate Masks
A federal judge ordered the state to immediately halt enforcement of a law that prevents school boards from ordering masks to be worn.
4 min read
Iowa Gov. Kim Reynolds speaks to reporters following a news conference, Thursday, Aug. 19, 2021, in West Des Moines, Iowa. Reynolds lashed out at President Joe Biden Thursday after he ordered his education secretary to explore possible legal action against states that have blocked school mask mandates and other public health measures meant to protect students against COVID-19. Reynolds, a Republican, has signed a bill into law that prohibits school officials from requiring masks, raising concerns as delta variant virus cases climb across the state and schools resume classes soon. (AP Photo/Charlie Neibergall)
Education Hurricane Ida Deals New Blow to Louisiana Schools Struggling to Reopen
The opening of the school year offered teachers a chance to fully assess the pandemic's effects, only to have students forced out again.
8 min read
Six-year-old Mary-Louise Lacobon sits on a fallen tree beside the remnants of her family's home destroyed by Hurricane Ida, in Dulac, La., on Sept. 4, 2021. Louisiana students, who were back in class after a year and a half of COVID-19 disruptions kept many of them at home, are now missing school again after Hurricane Ida. A quarter-million public school students statewide have no school to report to, though top educators are promising a return is, at most, weeks away, not months.
Six-year-old Mary-Louise Lacobon sits on a fallen tree beside the remnants of her family's home destroyed by Hurricane Ida, in Dulac, La., on Sept. 4, 2021.
John Locher/AP
Education Massachusetts National Guard to Help With Busing Students to School
250 guard personnel will be available to serve as drivers of school transport vans, as districts nationwide struggle to hire enough drivers.
1 min read
Massachusetts National Guard soldiers help with logistics in this Friday, April 17, 2020 file photo, at a food distribution site outside City Hall, in Chelsea, Mass. Mass. Gov. Charlie Baker on Monday, Sept. 13, 2021, activated the state's National Guard to help with busing students to school as districts across the country struggle to hire enough drivers.
Massachusetts National Guard soldiers help with logistics in this Friday, April 17, 2020 file photo, at a food distribution site outside City Hall, in Chelsea, Mass.
Michael Dwyer/AP
Education FDA: ‘Very, Very Hopeful’ COVID Shots Will Be Ready for Younger Kids This Year
Dr. Peter Marks said he is hopeful that COVID-19 vaccinations for 5- to 11-year-olds will be underway by year’s end. Maybe sooner.
4 min read
Dr. Peter Marks, director of the Center for Biologics Evaluation and Research in the Food and Drug Administration, testifies during a Senate health, education, labor, and pensions hearing to examine an update from federal officials on efforts to combat COVID-19 on Capitol Hill in Washington on May 11, 2021. On Friday, Sept. 10, 2021, Marks urged parents to be patient, saying the agency will rapidly evaluate vaccines for 5- to 11-year-olds as soon as it gets the needed data.
Dr. Peter Marks, director of the Center for Biologics Evaluation and Research in the Food and Drug Administration, testifies during a Senate health, education, labor, and pensions hearing to examine an update from federal officials on efforts to combat COVID-19 on Capitol Hill in Washington on May 11, 2021.
Jim Lo Scalzo/AP