During the first Trump Administration, there were three iterations of the travel ban. Just as one version got to the Supreme Court, it lapsed, and another version came shortly thereafter. This strategy frustrated the litigation, and made it tougher to get a final judgment. President Trump's new order on the U.S. Refugee Admissions program will likely follow a similar pattern.
First, President Trump invokes Section 1182(f), the statute at issue in the travel ban. He deems the entry of all refugees to be detrimental to American interests. And he orders the denial of their entry.
Sec. 3. Realignment of the U.S. Refugee Admissions Program. (a) I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that entry into the United States of refugees under the USRAP would be detrimental to the interests of the United States. I therefore direct that entry into the United States of refugees under the USRAP be suspended — subject to the exceptions set forth in subsection (c) of this section — until a finding is made in accordance with section 4 of this order. This suspension shall take effect at 12:01 am eastern standard time on January 27, 2025.
