BY LORELEI LAIRD for ABA Journal:
At February’s midyear meeting, the ABA House of Delegates voted to adopt Resolution 10C (PDF), urging President Donald Trump not to use religion or nationality as a basis for barring otherwise eligible people from entering the United States. The resolution expressed concerns about the legality of the president’s original executive order banning travel by people from majority-Muslim countries.
Acting on that vote, the ABA on Friday filed its second amicus brief (PDF) strongly opposing the travel ban, now on its second iteration, this time in the San Francisco-based 9th U.S. Circuit Court of Appeals. The brief argues that the plain language of the Immigration and Nationality Act and the rules of statutory interpretation support upholding a nationwide injunction against the travel ban.