Immigration and Upcoming Issues

By Coulter Ebbert

As the current presidential administration was elected based heavily on their anti-illegal immigration platform, immigration and illegal immigration have been forced into the spotlight as hot-button issues, even more so than they have been in the past. As conflicting sides battle as to their solution to the nation’s immigration and illegal immigration dilemma, government policies and laws have been enacted that have, in turn, given cause for litigation. As this litigation travels through the judicial system to eventually reach the US Supreme Court, it is evident that such topics and issues have become a focal point in the news media as well as in the minds of everyday American Citizens.

One such case which seem to be in the forefront of the American mind are the immigration issues regarding President Trump’s “travel ban”. With the Supreme Court planning on hearing arguments for and against President Trump’s executive order in October of 2017, those following the development of the case hold their breath as the Supreme Court will determine to what extent President Trump may restrict refugees and migrants from traveling to the United States from certain select Middle Eastern Countries. Issues pertaining to the scope of the President’s power, the rights of non-citizen refugees traveling to the United States, and the constitutionality of the government action will likely be decided by the Supreme Court within the coming months.

Another relevant, yet controversial issue, which is not yet reached the supreme court, nor gotten through the United States District Court for the Northern District of California, is ACLU of Northern Cal. V. Burwell, where the Plaintiffs, the ACLU of Northern California, filed suit against the Department of Health and Human services (“HHS”) through the Office of Refugee Resettlement (“ORR”) alleging that ORR violated the establishment clause by allowing religious organizations to prevent the immigrant, illegal immigrant, or refugees from gaining access to healthcare, primarily abortions. Such a case leads to questions pertaining to the rights of those within the United States who are not citizens of the country as well as if the Supreme Court’s ruling of Roe v. Wade may apply to those who are not United States citizens. While this case has many proceedings to go through before it reaches the highest court of the land, there is no doubt that this case, or one pertaining to similar issues, will reach a higher court in the future.

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Exec. Order No. 13769, 82 FR 8977 (Jan. 27, 2017)

Exec. Order No. 13780, 82 FR 13219 (Mar. 6, 2017)

Proclamation No. 9645, 82 FR 45161 (Sep. 24, 2017)

Exec. Order No. 13815, 82 FR 50055 (Oct. 24, 2017)

ACLU of Northern Cal. V. Burwell, No. 16-cv-03593-LB, 2016 U.S. Dist. Lexis 164568 (N.D. Cal. 2016)

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