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Trump v. Hawaii

No. 16-1540 SCOTUS · Decided Teaching/Historical SCOTUS
Argued: Apr 25, 2018 Decided: Jun 26, 2018

Legal Issues

Arlington Heights testClear Error Standard (Appellate Review)Rational Basis StandardTemporary Protected Status (TPS)Temporary Protected Status (Tps)clear error standard (appellate review)discriminatory intentexecutive power in immigrationforeign affairs deferencerational basis reviewstandard of review

The Facts

President Trump issued a proclamation restricting entry from several Muslim-majority nations, citing national security concerns. Hawaii and other states challenged the ban as religious discrimination violating the Establishment Clause. Lower courts blocked enforcement, finding the policy discriminatory on its face and in its effects.

The Issue

• Whether the President's travel proclamation violates the Establishment Clause by discriminating against Muslims • Whether the proclamation exceeds the President's immigration authority under the INA • Whether the ban is facially neutral or whether its origins and context prove invidious religious discrimination

The Rules

8 U.S.C. § 1182(f) Presidential Suspension of Entry Authority

The President may suspend entry of any aliens or class of aliens as he deems appropriate when entry would be detrimental to U.S. interests.

U.S. Const. amend. I Establishment Clause

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) Judicial Review and Executive Deference

Courts review executive actions, but afford substantial deference to national security and immigration determinations by the President.

The Application

History

The President's proclamation satisfied § 1182(f) because it invoked national security grounds for restricting entry by foreign nationals, triggering the statute's broad delegation of power to the executive with deferential judicial review. Although Hawaii presented evidence of anti-Muslim statements and intent from the President and his advisors, the Court found the proclamation facially neutral on its own terms (it did not mention religion or Muslims by name) and applied rational basis review rather than heightened scrutiny, finding the stated national security rationale plausible enough to satisfy constitutional demands. The Court's application of facial neutrality and deferential review allowed the policy to survive despite the factual record of animus, establishing that neutral statutory language and a rational security justification can satisfy the Establishment Clause even when motivation or discriminatory effects are evident.

The Conclusion

**The Supreme Court held 5-4 that the proclamation was a valid exercise of presidential authority and did not violate the Establishment Clause.** The Court deferred to the President's national security judgment and found the policy facially neutral despite evidence of anti-Muslim statements. The decision established that neutral immigration policies receive substantial deference even when motivated by or affecting particular religious groups.

CourtSupreme Court of the United States
FiledJul 27, 2016
CL Statusterminated
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No circuit court data for this case.

Cert Granted -
Statusterminated
Filed (CL)Jul 27, 2016
View on CourtListener →
SCOTUS TMR-3ce0c9d4 Jul 19, 2026

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Case Analysis

Overview

The Court upheld the President's travel ban on predominantly Muslim-majority countries as a valid exercise of immigration authority.

Facts

President Trump issued a proclamation restricting entry from several Muslim-majority nations, citing national security concerns. Hawaii and other states challenged the ban as religious discrimination violating the Establishment Clause. Lower courts blocked enforcement, finding the policy discriminatory on its face and in its effects.

Issue

Does the President have statutory authority under 8 U.S.C. § 1182(f) to suspend entry of foreign nationals based on national security determinations? Does a presidential entry restriction motivated in part by anti-Muslim animus violate the Establishment Clause?

Rule

Under 8 U.S.C. § 1182(f), the President has broad authority to suspend entry of any class of aliens when he determines their entry would be detrimental to national interests, and courts apply a highly deferential review to that determination. Rational basis review applies to facially neutral immigration restrictions; facial neutrality plus a plausible national security rationale satisfies constitutional requirements even if there is evidence of animus.

Analysis

The President's proclamation satisfied § 1182(f) because it invoked national security grounds for restricting entry by foreign nationals, triggering the statute's broad delegation of power to the executive with deferential judicial review. Although Hawaii presented evidence of anti-Muslim statements and intent from the President and his advisors, the Court found the proclamation facially neutral on its own terms, it did not mention religion or Muslims by name, and applied rational basis review rather than heightened scrutiny, finding the stated national security rationale plausible enough to satisfy constitutional demands. The Court's application of facial neutrality and deferential review allowed the policy to survive despite the factual record of animus, establishing that neutral statutory language and a rational security justification can satisfy the Establishment Clause even when motivation or discriminatory effects are evident.

Conclusion

**The Supreme Court held 5-4 that the proclamation was a valid exercise of presidential authority and did not violate the Establishment Clause.** The Court deferred to the President's national security judgment and found the policy facially neutral despite evidence of anti-Muslim statements. The decision established that neutral immigration policies receive substantial deference even when motivated by or affecting particular religious groups.

Notes

2018 travel ban case. Bryan uses as presidential immigration authority + plenary power doctrine example. Do not confuse with Hawaii v. Trump (district court challenge, different docket).

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