Trump v. Hawaii (17-965)

argument 17-965

Trump v. Hawaii

Supreme Court of the United States 1h 6m 6 speakers 8 chapters transcribed 5 days ago official recording ↗

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What is the legal basis of the President’s travel ban in Trump v. Hawaii?

John G. Roberts 0:00

We'll hear argument today in case seventeen nine sixty five, Trump President of the United Donald, Trump President of the United States versus Hawaii. Mr Francisco.

Joseph H. Hunt 0:09

Mr Chief Justice, and may it please the Court. After a worldwide multi agency review, The President's acting Homeland Security Secretary recommended that he adopt entry restrictions on countries that failed to provide the minimum baseline of information needed to vet their nationals. proclamation adopts those uh recommendations. It omits the vast majority of the world. including the vast majority of the Muslim world, because they met the baseline. It now applies to only seven countries that fall below that baseline or had other problems. and that it exerts diplomatic pressure on those countries to provide the needed information and to protect the country until they do. The proclamation reflects a foreign policy and national security judgment.

Joseph H. Hunt 1:00

That falls well within the President's power under eleven eighty two F and has been successful, which is why the country of Chad was recently dropped from the list.

Unknown 1:11

You mentioned eleven eighty two F. And the worrisome thing about this uh is the d President acts. Congress is the one responsible for making the laws about immigration. Hm. It has been suggested in one of the briefs that we read eleven eighty two F to allow the president to suspend entry but only for a period of time long enough For Congress to say yay or nay.

Joseph H. Hunt 1:47

All right. Your Honor, yes, 1182F is a broad and flexible power in a narrow area. Here, however, I think that you don't need to explore those outer limits because the proclamation is meant to help implement the INA by making sure that we have the minimum level of information needed to determine if aliens are admissible under the INA. In terms of a time limit, I think that is simply inconsistent with the text of the statute. and inconsistent with virtually every eleven eighty two F proclamation ever issued.

Elena Kagan 2:20

general. I thought that Congress had looked at the situation and created a um statutory system that addressed the very concern the President is expressing. Congress said you can have visa waivers if you uh if you can meet the three criteria. that this special committee of the President looked at. And if you don't you have to have a very heightened extreme vetting process and it created that vetting process. and suggested its parameters. More importantly, It took terrorist countries and designated which ones supported terrorism and added another layer of review. and said if you're a national from one of those countries or you have visited one of those countries in the recent past You also have to get the permission of the Attorney General and the Secretary of State.

Elena Kagan 3:24

to um to affirm that you are not a danger to the US.

Samuel A. Alito 3:29

Elena Kagan 3:29

I but what I see the president doing here is saying I'm going to add more to the limits that Congress set. Right. And to what Congress said was enough. Where does a president get The authority to do more than Congress has already decided is adequate.

Joseph H. Hunt 3:55

Well, there are there's a lot packed into your question, Your Honor, and so let me try to unpack it a little bit. I think the basic answer is that eleven eighty-two F gives the President the authority to impose restrictions in addition to those set forth in the INA, but go to go to the statutes that you are honored to do.

Elena Kagan 4:14

And

Joseph H. Hunt 4:15

and that's exactly what I was going to address uh next, Your Honor. The visa waiver program provides a special benefit to our closest allies and some of the safest countries in the world. Neither the visa waiver program nor any of the other statutes that they cite addresses whether we get the minimum level of information needed to determine the admissibility of individuals coming in from some of the riskiest countries in the world. And eleven eighty two F then does give the President the authority to supplement that vetting system. After all, the whole vetting system is essentially determined by the executive branch. It's up to the executive branch to set it up, it's up to the executive branch to maintain it, and it's up to the executive branch to constantly improve it.