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評析川普旅遊禁令與其相關司法判決
Journal article

評析川普旅遊禁令與其相關司法判決

怡俐 李
臺灣人權學刊Taiwan Human Rights Journal, Vol.4(4), pp.31-53
12/2018

Abstract

旅遊禁令;司法審查;中度審查標準;司法謙讓;移民;travel ban;judicial review;rational basis review;judicial deference;immigration

President Donald Trump of the United States issued three controversial travel bans after his inauguration on January 20, 2017. The most controversial of the three travel bans restricted entry to the U.S. for citizens of several Muslim-majority countries. Those travel bans became the subjects of legal challenges, one after another, in the federal courts of the United States. On June 25, 2018, the Supreme Court of the United States made a final decision to uphold the third travel ban. The Court decided the third travel ban neither violated the Immigration and Nationality Act of the United States, nor violated the Establishment Clause of the First Amendment. This paper argues that this decision shows that the Court respects the decisions of the executive branch regarding the entry and expulsion of foreigners. The judicial deference, shown in this decision, also inevitably strengthens the President’s power over immigration issues.

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