U.S. Supreme Court upholds Trump travel ban

author avatar
Stephen Smith
Published: June 26, 2018

The Supreme Court of the United States has ruled in favour of travel restrictions on citizens of five predominantly Muslim countries.

The court's nine justices voted 5-4 in favour of the restrictions imposed by U.S. President Donald Trump, which forbid most citizens of Iran, Libya, Syria, Yemen and Somalia from entering the United States.

In a Presidential Proclamation issued last September, President Trump wrote that the restrictions were based on national security concerns, saying the countries targeted "remain deficient at this time with respect to their identity-management and information-sharing capabilities, protocols, and practices."

"In some cases, these countries also have a significant terrorist presence within their territory," he added.

Travelers from North Korea and Venezuela also face restrictions.

Critics of the ban, however, have pointed to Trump's call for a 'total and complete shutdown' of Muslims entering the United States when he was campaigning for the presidency as evidence the ban is rooted more in religious discrimination than concerns for national security.

Two prior attempts by the Trump administration to introduce the restrictions were blocked by lower courts, where they were challenged on the grounds the U.S. Constitution’s First Amendment prohibited the government from favouring one religion over another, among other arguments.

The U.S. Supreme Court upheld the restrictions contained in his Presidential Proclamation last September.

Majority finds restrictions 'neutral', minority targets their 'anti-Muslim animus'

In its ruling Tuesday, the majority said the president's earlier comments did not undermine his executive authority and responsibility for immigration.

"We must consider not only the statements of a particular President, but also the authority of the Presidency itself," wrote Chief Justice John G. Roberts, Jr.

The majority found the restrictions were neutral when viewed apart from Trump's statements, and legitimate in terms of national security.

"The entry suspension is an act that is well within executive authority and could have been taken by any other president — the only question is evaluating the actions of this particular president in promulgating an otherwise valid Proclamation," wrote Roberts.

The majority opinion, which was supported by Justices Anthony Kennedy, Clarence Thomas, Samuel Alito Jr. and Neil Gorsuch, was condemned by their fellow justice, Sonia Sotomayor, in her minority opinion.

"A reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus," she wrote. "The majority holds otherwise by ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens."

President Trump's administration heralded the court's decision in a statement, calling it a "tremendous victory for the American people and the Constitution."

"This ruling is also a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country," the statement added.

The Supreme Court's decision follows a week that saw President Trump forced to retreat from his 'zero tolerance' policy that separated children of immigrants from their parents when families crossed illegally into the United States from Mexico.

To find out if you are eligible for Canadian immigration, complete a free online assessment.

© 2018 CICNews All rights Reserved

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Canada is prioritizing foreign military members to immigrate to the country – here’s what you need to know
A group of soldiers standing in a row on remembrance day.
Latest Express Entry draw sees thousands of healthcare professionals invited
A nurse comforts an elderly patient
Who qualifies for permanent residence under Canada’s new Transport category?
A group of aircraft inspectors look at an airplane preparing to take off.
Canada holds first Express Entry draw under new category, with lowest CRS cut-off score since 2021
A winter mountainside with mountains in the background.
Top Stories
Ontario regions announce jobs eligible for permanent residence through the RCIP
Chinese nationals face a major hurdle in PR applications – here’s how to overcome it
Why was Charley Crockett denied entry to Canada?
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Visit
Why was Charley Crockett denied entry to Canada?
American country music star Charley Crockett was denied entry to Canada on grounds of serious criminality.
Heading to Canada for the holidays? These minor offences can get you turned away at the border
A young woman perched on her luggage, holding a passport and boarding ticket in her hand, with a look of disappointment on her face.
Travelling to Canada for the FIFA World Cup 2026? What you need to know about visas and work permits
A low angle view of a soccer ball in a stadium.
Qatari citizens can now travel to Canada visa-free
A view of the Qatari skyline with a dhow in the center foreground.
Link copied to clipboard