Donald J. Trump, President of the United States, et al. v. International Refugee Assistance Project, et al.

The Constitution and Acts of Congress confer on the President broad authority to prohibit or restrict the entry of aliens outside the United States when he deems it in the Nation’s interest. Exercising that authority after a worldwide review by multiple government agencies of whether foreign governments provide sufficient information to screen their nationals, the President issued Proclamation No. 9645, 82 Fed. Reg. 45,161 (Sept. 27, 2017). In accordance with the recommendation of the Acting Secretary of Homeland Security following the multi-agency review, the Proclamation suspends entry, subject to exceptions and case-by-case waivers, of certain categories of aliens abroad from eight countries that do not share adequate information with the United States or that present other risk factors. The district court issued, and the court of appeals upheld, a preliminary injunction barring enforcement of the Proclamation’s entry suspensions worldwide, except as to nationals of two countries or persons without a credible claim of a bona fide relationship with a person or entity in the United States. The courts concluded that the Proclamation likely violates the Establishment Clause. The questions presented are:

1. Whether plaintiffs’ challenge to the President’s suspensions of entry of aliens abroad is justiciable.

2. Whether the Proclamation is a lawful exercise of the President’s authority to suspend entry of aliens abroad.

3. Whether the Proclamation violates the Establishment Clause.

4. Whether the global injunction is impermissibly overbroad. (I)