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Legal battles over Trump immigration order raise questions about future

In our last post, we took a very brief look at some of the controversial aspects of President Trump's immigration order. Most of our readers are probably aware that a U.S. District Judge out in Seattle has issued a temporary restraining order on enforcement of the immigration order. The order was granted on a nationwide basis and was put into effect quickly, despite lack of clarity about what will come next. Shortly after the decision was made, the White House announced plans to issue an emergency stay of the order to allow for federal enforcement to go forward.

The lawsuit on which the restraining order was banned is aimed at invalidating the provisions we mentioned in our last post, and it remains to be seen what the outcome of that case will be. Also on Friday, a federal judge out in Boston came out with an apparently contradictory decision. Various lawsuits have been filed nationwide challenging the order, and it isn't possible to say at present what will become of Trump's executive order. 

One of the biggest criticisms of the executive order, of course, is that it unconstitutionally prohibits Muslims from entering the United States and gives preference to Christian refugees. The order does not, in fact, ban Muslims as a class from entering the United States, nor does it explicitly indicate that Christians will be given preference, but critics say this is these are the intentions behind the order. Critics have said that the order is discriminatory and, therefore, unlawful.

Also, the order suspends entry of green card holding immigrants, but critics have said that there are federal and international legal prohibitions on deporting non-citizens who face persecution or torture if turned away once they arrive to the United States. Other commentators have raised constitutional issues with respect to green card holders, particularly regarding due process rights.

Regardless of where you stand on the issue of immigration, there is little doubt that there are big fights ahead for Trump in attempting to pursue his immigration policy. Those who are affected by the order, and those who enter the United States looking to take shelter in this country's immigration law protections, should always work with an experienced attorney to ensure they have the best possible advocacy. 

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