Even When You Win, You Lose: Trump's Executive Order & the Depressing State of Procedural Due Process in the Context of Immigration
35 Pages Posted: 27 Apr 2017 Last revised: 2 Feb 2018
Date Written: April 7, 2017
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
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