International Law and Immigration

Ca. Int'l Law Journal VOL. 25, NO. 1, FALL 2017

The Travel Ban and the Ninth Circuit’s Holding in State of Washington v. Trump

By Joshua M. Surowitz, Eric P. Husby and Raquel S. Vasquez*

For immigration attorneys practicing in California as well as those practicing nationally, 2017 has been a year of promised, if not ambiguous, change by the new presidential administration. These promised changes have also been a time of uncertainty for practitioners and their clients.

Donald Trump promised sweeping changes to the immigration policies of his predecessor, ranging from attitudes concerning how to deal with the some 800,000 undocumented young people offered the protection of deferred action by the Obama Administration, to evaluating the benefit and continuing availability of visas for foreign professional workers in the United States, and to figuring out how to address the great challenge of keeping American citizens safe from those who mean us harm.

On the matter of national security and terrorism, during the 2016 presidential campaign and prior to becoming President of the United States, Donald Trump famously and expressly called for "a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on."1 However, his commitment to a ban on the basis of religion seemed to wax and wane in later statements both before and after the November election.2

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