Even When You Win, You Lose: Trump's Executive Order & the Depressing State of Procedural Due Process in the Context of Immigration

57 Pages Posted: 27 Apr 2017  

Amy L. Moore

Belmont University - College of Law

Date Written: April 7, 2017

Abstract

This article provides the history of procedural due process in the context of immigration law and analyzes Executive Order 13,769 (announced January 27, 2017) and the Ninth Circuit’s review of a stay request of the temporary restraining order enjoining its enforcement. The Ninth Circuit focused on the probable success of the Government on the issue of procedural due process, and this article both calls that judgment into question and considers the implication of success.

Keywords: trump, travel ban, immigration, procedural due process

Suggested Citation

Moore, Amy L., Even When You Win, You Lose: Trump's Executive Order & the Depressing State of Procedural Due Process in the Context of Immigration (April 7, 2017). William & Mary Bill of Rights, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2954553

Amy L. Moore (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

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